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Developments of Note
Virginia Governor Signs 'Toughest in the Nation' Anti-Spam Bill
On April 29, Virginia Gov. Mark R. Warner signed first-of-its-kind legislation that makes high-volume spamming a felony in that state. House Bill 2290 and Senate Bill 1139 amend the Virginia Computer Crimes Act's anti-spam provisions to make it a Class 6 felony to falsify header or routing information and to attempt to send unsolicited bulk e-mail exceeding 10,000 messages a day, 100,000 messages a month or 1 million a year. Also covered are e-mailings that generate $1,000 revenue for a single mailing or $50,000 from total transmissions. According to the governor's press release, the underlying statute has survived constitutional challenges and is grounded on e-mail passing through Virginia-based Internet service providers and so allows Virginia prosecutors to pursue criminal charges against spammers in other states and jurisdictions.
University Students Settle Music Piracy Charges with RIAA
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.
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.
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.