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Developments of Note
FTC Proposes Mandatory Label for Adult Spam
The FTC has issued proposed regulations that would require sexually explicit commercial e-mail to include a subject line containing the words “SEXUALLY-EXPLICIT-CONTENT: “. The proposed regulations were issued pursuant to the recently enacted CAN-SPAM Act, Pub. L. No. 100-187 (2003). See January's e-Commerce Law & Strategy for a detailed account of CAN SPAM's provisions. According to the Commission, the proposed required mark includes hyphens between the words, followed by a colon and a space, to distinguish the mark from ordinary messages containing the same phrase.
Canada Adopts Code for Consumer Protection
Canadian consumer ministers have adopted a new Code of Practice for Consumer Protection in Electronic Commerce. The code sets standards for good business practices for merchants conducting commercial activities with consumers online, while leaving existing consumer protection and related laws in place. The code sets standards for the provision of information, language, contract formation, online privacy, complaint handling, security of payment and other related topics.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
FTC Proposes Mandatory Label for Adult Spam
The FTC has issued proposed regulations that would require sexually explicit commercial e-mail to include a subject line containing the words “SEXUALLY-EXPLICIT-CONTENT: “. The proposed regulations were issued pursuant to the recently enacted CAN-SPAM Act,
Canada Adopts Code for Consumer Protection
Canadian consumer ministers have adopted a new Code of Practice for Consumer Protection in Electronic Commerce. The code sets standards for good business practices for merchants conducting commercial activities with consumers online, while leaving existing consumer protection and related laws in place. The code sets standards for the provision of information, language, contract formation, online privacy, complaint handling, security of payment and other related topics.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
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.
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.
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.