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Sixth Circuit Gives Different Views On Infringement
Issuing two important copyright-infringement decisions, the U.S. Court of Appeals for the Sixth Circuit recently offered different methods for dealing with different types of disputed works. One case involved the film industry; the other involved the recording industry.
In the film case, the Sixth Circuit decided that the district court properly concluded that no reasonable jury could find that the defendants' film “Little Nicky” was substantially similar to the poem or screenplay “The Keeper,” written by the plaintiff. Stromback v. New Line Cinema, 02-2387. In its ruling, the Sixth Circuit clarified its recent adoption of a formal test for determining substantial similarity in copyright infringement cases. The district court had decided on a summary judgment ruling. After the ruling, the Sixth Circuit adopted a two-part test for substantial similarity in Kohus v. Mariol, 328 F.3d 848 (6th Cir. 2003). The first part of the test involves determining which parts of the plaintiff's work are protected by copyright; the second part involves whether the allegedly infringing work is substantially similar to the protectible elements.
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.