Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
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.
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.