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Developments of Note
Downloadable Modem Dialing Billings
'Forgiven' In FTC Settlement
According to a complaint and to settlement documents filed by the Federal Communications Commission (FTC), Alyon Technologies Inc. distributed a modem-dialing program that disconnected customers from their regular Internet service provider and reconnected them to Alyon's network, then billed the charges for access to adult services on the line subscriber's telephone bill. FTC v. Alyon Technologies, Inc., No. 022-3305 (N.D. Ga. Dec. 6, 2004). According to the FTC, many consumers did not consent to the download of the modem-dialing program, never accessed the services that were billed or never authorized such access on their telephone lines, and the company failed to follow FTC regulations concerning the handling of consumer billing disputes, among other things. Alyon agreed to forgo $17 million in consumer bills and forgive an additional $22 million to settle the FTC charges of improper billing for adult videotext services.
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.