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Bit Parts
Copyright/Work-for-Hire
The U.S. Court of Appeals for the Second Circuit ruled that choreography created by dance legend Martha Graham ' while she was artistic director of a school that bore her name and that was “created to serve the creative endeavors of an artistic genius” ' belonged to the school. Martha Graham School and Dance Foundation Inc. v. Martha Graham Center of Contemporary Dance Inc., 02-9451(L). In reaching its conclusion, the appeals court noted, among other things, “In arguing that Graham's dances were not created at the 'instance' of the Center, the [plaintiffs] endeavor to give that word a more particularized meaning than is appropriate for the context in which the 'instance and expense' [work-for-hire] test applies. There is no need for the employer to be the precipitating force behind each work created by a salaried employee, acting within the scope of her regular employment.”
Film Disputes/Proper Venue
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.
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.
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.