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Copyright Infringement/Right To File Suit
A scriptwriter without a legal or beneficial copyright interest who obtained an assignment of a claim for infringement of the script couldn't file an infringement suit, the U.S. Court of Appeals for the Ninth Circuit decided in an en banc ruling. Silvers v. Sony Pictures Entertainment Inc., 01-56069. Nancey Silvers wrote the script for the made-for-TV movie “The Other Woman” as a work for hire for Frank & Bob Films. She later received an assignment from the production company of the right to sue Sony Pictures Entertainment and related entities for alleged copyright infringement by the defendants' film “Stepmom.” Both the district court and the Ninth Circuit denied the defendants' motion to dismiss. But looking at Sec. 501(b) of the Copyright Act of 1976, which gives legal or beneficial owners the right to file an infringement suit, the appeals court stated in its en banc ruling that “under traditional principles of statutory interpretation, Congress' explicit listing of who may sue for copyright infringement should be understood as an exclusion of others from suing for infringement.”
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 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.
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.
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.
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.