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<b>Decision of Note:</b><b>Foreign Website Subject to DC Jurisdiction</b>
The U.S. District Court for the District of Columbia decided that a company based in Madrid, Spain, was subject to personal jurisdiction in the District of Columbia by maintaining a Web site that enabled DC residents to download unlicensed sound recordings. Arista Records Inc. v. Sakfield Holding Co. S.L., 03-1474. The ruling provides a liberal view for finding both specific and general jurisdiction over Internet defendants.
In this suit for copyright infringement, among other things, the court first found that the affidavit of one DC resident who had used the defendant's puretunes.com was sufficient to establish that the defendant was subject to specific jurisdiction by “transacting any business” in the district. On the issue of general jurisdiction, the court noted that it wasn't necessary for DC residents to have subscribed to puretunes.com. Rather, the Web site's offer of an initial 25 free tunes to users amounted to “active solicitation.” “Whether or not defendant's advertising plan was targeted at District of Columbia residents specifically, by signing up District residents to this free trial period defendant entered a business relationship with District residents,” the district court emphasized. “The 24 hour availability of downloadable files and transfer of files to those customers in the District is exactly the sort of purposeful, active, systematic, and continuous activity in the District of Columbia that constitutes 'doing business.' ”
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.