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Commentary: Copyright Bandits At Large
The Supreme Court will soon decide whether to hear one of the most important commercial cases to reach the Court in decades. MGM v. Grokster raises a copyright challenge to the Internet-based services that enable millions of users around the world to swap digital copies of sound recordings and movies with a few clicks of a mouse. At stake is the legitimacy of our copyright system in the digital age.
The U.S. Court of Appeals for the 9th Circuit held last summer that peer-to-peer (P2P) file-sharing services are immune from secondary liability under the copyright laws for the millions of infringing acts committed every day by their teems of happy users. A broad coalition ' including Hollywood studios and recording companies, state governments, and international publishers ' have urged the Supreme Court to review that decision. The Court should answer their call.
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.