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Supreme Court Rules Defendant Does Not Bear Burden to Prove Absence of Confusion in Fair Use Cases
On Dec. 8, 2004, the Supreme Court held that it is not a defendant's burden to negate a finding of consumer confusion when raising a “fair use” affirmative defense. In KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., No. 03-409, 2004 WL 2804921 (2004), the Court vacated a decision of the Ninth Circuit, which held that the Central District of California committed error when it concluded that KP had made out a fair use defense without addressing whether there was possible consumer confusion. The Ninth Circuit's ruling established a conflict with a Second Circuit decision, setting the stage for Supreme Court review.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.