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Personal Jurisdiction and The Internet: An Update
As set forth in a prior article appearing in the April issue of the Internet Law & Strategy newsletter, despite some suggestions to the contrary, the rise of the Internet as a business tool does not portend the end of limits on personal jurisdiction. Rather, the courts are continuing to find that the Internet merely provides another vehicle (albeit an electronic one) through which a party may purposely avail itself of the privilege of conducting business in a foreign state and thus subject itself to jurisdiction in that state. In recent cases, the federal courts have continued to analyze the characteristics of this relatively new and expanding technology under the Supreme Court's existing personal jurisdiction precedent. Instead of changing the personal jurisdiction standard, which is grounded in the Constitution, or articulating a new test for Internet contacts, the courts have continued to apply the existing personal jurisdiction standards to Internet activities.
In early cases addressing personal jurisdiction involving Internet contacts with the forum state, some courts found jurisdiction to be present simply because the defendant's Web site could be accessed in the forum state. See, Inset Systems, Inc. v. Instruction Set, Inc., 937 F. Supp. 161 (D. Conn. 1996). These cases quickly became the minority and now courts unanimously explicitly or implicitly reject the idea that placing information on the Internet subjects a person or entity to personal jurisdiction in each state in which the information is accessed.
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.