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How Compulsory License For Internet Might Help Music Industry Woes
Sales of recorded music in the United States and throughout the world have declined for three consecutive years. Three of the five major record companies are now reportedly for sale. Lay-offs are decimating record industry professionals.
The International Federation of the Phonographic Industry blames the situation on CD burning and unauthorized Internet file sharing. The problem can be traced in large part to the Digital Millennium Copyright Act of 1998. In negotiations for drafting the law, the record labels agreed to make Internet Service Providers (ISPs) immune from copyright infringement liability for the acts of those subscribing to their services. This was part of the quid pro quo for giving owners of musical recordings the exclusive right to digitally transmit masters on the Internet. Because they could not attack the ISPs for allowing such services as Napster to exist, the record labels began attacking the file-sharing services.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."