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Decision of Note: <b>Court Criticizes 'Mechanical' Use Of Extrinsic Test</b>
The U.S. Court of Appeals for the Ninth Circuit held that the district court erred in a “too mechanical” use of the “extrinsic” test by determining whether two song choruses were substantially similar through a measure-by-measure comparison of the melodies. Swirsky v. Carey, 03-55033.
To determine substantial similarity, the Ninth Circuit uses both an extrinsic test based on external, objective criteria and a subjective, layperson “intrinsic” test. The plaintiffs filed suit alleging that the song “Thank God I Love You,” co-written by Mariah Carey, infringed on the plaintiffs' “One of Those Love Songs,” recorded by the group “Xscape.” The district court granted summary judgment in favor of the 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.