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Attorney Fees Update
Copyright Infringement; Sec. 505
The U.S. District Court for the Eastern District of Pennsylvania granted a defense motion under Sec. 505 of the Copyright Act for attorney fees and costs incurred in successfully defending against a song infringement claim. Lowe v. Loud Records, 01-1797. The district court previously decided that plaintiff Michael Lowe had granted the defendants, which included hip-hop producer Dr. Dre, an implied license to use Lowe's “West Coast Beat” in the song “X” by Xihibit. The court then dismissed Lowe's state negligence claim for lack of supplemental jurisdiction. Dr. Dre moved for a Sec. 505 award of $64,992.50 in attorney fees and $8,569.94 in costs, noting that he had been responsible for the defense of nine California defendants.
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.