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Decision of Note: <b>Lawsuit Over James Brown Hit Is Time-Barred</b>
The U.S. District Court for the Southern District of New York ruled that a songwriter's suit over the James Brown hit “It's a Man's Man's Man's World” was barred by the 3-year statute of limitations of the Copyright Act. Newsome v. Brown, 01 Civ. 2807 (TPG).
Plaintiff Betty Newsome filed suit in 2001, alleging that the defendants improperly registered the mid-1960s hit by first citing Brown as the sole composer and later by stating that Brown and Newsome were co-authors. The district court noted, “However, in Barksdale v. Robinson, 211 F.R.D. 240 (S.D.N.Y. 2002), the court held that 'when the gravamen of a plaintiff's copyright claim is ownership, and not infringement, the infringement claims are barred if the ownership claim is time-barred' … The Second Circuit has held that 'plaintiffs claiming to be co-authors are time-barred 3 years after accrual of their claim from seeking a declaration of copyright co-ownership rights and any remedies that would flow from such a declaration.' Merchant v. Levy, 92 F.3d 51, 56 (2d Cir. 1996).”
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.