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ISP Liability In Canada: Need Real And Substantial Connection
In June, the Supreme Court of Canada (SCC) issued its judgment in Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers, 2004 SCC 45. This landmark ruling, colloquially known as the Tariff 22 decision, read together with the SCC's decision in Galerie d'Art du Petit-Champlain v. Theberge, 2002 SCC 34 (Th'berge) and CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13 (CCH), clarifies the current state of Canadian copyright law as it relates to activities occurring over the Internet. In particular, the decision describes the potential liability of Internet service providers (ISPs) in the context of Copyright Act, R.S.C. 1985 c. C-42 (the Act).
Case Background
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.