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Spring Cleaning: Cutting Gristle from Spam in E-mail Campaigns
The Federal Trade Commission (FTC) has repeatedly expressed concern that increased volume of spam affects ISPs, inconveniences consumers and, to the extent that such e-mail is fraudulent, undermines consumer confidence in e-commerce.
Recent FTC initiatives have focused on the means used to collect consumers' e-mail addresses and effectiveness of unsubscribe processes employed by some e-mail marketers. In light of increasing consumer and ISP concern over the proliferation of unsolicited commercial e-mail, as well as e-mailers' frustration over what the rules are for this type of marketing, the FTC has announced a workshop to be held from April 30 – May 2 addressing a variety of issues associated with the proliferation of unsolicited commercial e-mail in recent years. The workshop will run from 8:30 a.m. to 5:30 p.m. at the FTC, 601 New Jersey Avenue N.W., Washington, DC. The event is open to the public for free and does not require preregistration.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.