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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.
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.
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.
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.