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e-Commerce Docket Sheet
DMCA Subpoena Withstands ISP's Constitutional Challenges
The subpoena power authorized under '512(h) of the Digital Millennium Copyright Act does not violate the case or controversy requirement of Article III, and does not abridge Internet users' First Amendment rights. In re: Verizon Internet Services, Inc., Subpoena Enforcement Matter, Civ. No. 03-MS-0040 (D.D.C. Apr. 24, 2003). The defendant Internet service provider moved to quash on constitutional grounds a subpoena seeking the identity of an anonymous Internet user alleged to have infringed copyrights. Denying the motion to quash, the district court held that the requirements of '512(h) provide sufficient safeguards of Internet users' First Amendment rights, and that issuance of a subpoena unrelated to a pending federal action did not violate the case or controversy requirement.
DMCA Protection Extended To Virtual Private Network
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.