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Protecting Internet Communications
Law firms use Internet technology to communicate in ways that were simply not possible 10 years ago. This has allowed lawyers to share information as never before. More importantly, the technology associated with the Internet allows law firms direct control over Internet communications because they own the individual networks that allow information to be shared. This direct control brings increased liability for copyright infringement, unless firms comply with the Digital Millennium Copyright Act (DMCA) of 1998, codified in 17 U.S.C. 512. Compliance requires little investment of time or money. Similarly, e-mail protection is readily available at little or no additional cost.
Prior to the DMCA, courts analyzing a Copyright Act claim brought against an entity that facilitated communication by copying and re-transmitting messages considered first whether there had been infringement of a valid copyright: that is, whether there had been a violation of one of the five exclusive rights granted to copyright owners in the Copyright Act, such as copying the copyrighted material. Similarly, a claim of contributory or vicarious infringement, the two forms of secondary liability under traditional copyright law, normally required the simple proof of direct infringement by a third party.
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.