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Anti-Bootlegging Statute/ Constitutionality
In a ruling of first impression, the U.S. District Court for the Central District of California found 17 U.S.C. Sec. 1101(a)(3) of the federal civil anti-bootlegging statute to be unconstitutional. Kiss Catalog v. Passport Int'l Prods., 03-8514. In the suit by members of the rock band Kiss alleging unauthorized distribution of a DVD of a 1976 concert, the district court found the plaintiffs could proceed with their copyright infringement claim because they had pleaded ownership of the footage through a work-for-hire arrangement with concert promoter John Scher, registration of the copyright and alleged infringement by the defendants. The district court then noted that recordings made before Sec. 1101(a)(3)'s effective date of 1994, but distributed after, were covered by the statute. But the court concluded that by creating perpetual protection, the statute violated the limited times element of the copyright clause of the federal constitution. In September 2004, a Manhattan federal district court found 18 U.S.C. 2319A, the federal criminal anti-bootlegging statute, to be unconstitutional partly for the same reason. U.S. v. Martignon, 346 F. Supp. 2d 413 (S.D.N.Y. 2004).
Copyright Infringement/Access
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.