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Utilizing CAN-SPAM Provisions To The Best Advantage
When, in December 2003, U.S. companies were given only a few weeks to become compliant with the newly-enacted Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act, Pub. L. No. 108-187, codified at 15 U.S.C. '7701 et seq.), many companies may have hastily implemented compliance programs in order to get up to speed by the time the Act became effective on Jan. 1, 2004. However, many companies may not have looked for ways to benefit from some of the Act's lesser-known provisions and, in fact, some wrinkles inherent in the Act. A careful review of the details of the Act will reveal ways companies can utilize its provisions to their best advantage.
Use A Menu-Driven Opt-Out Mechanism
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.