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Canada Strikes at Spam
Canada's national spam task force delivered its report on May 17 to Industry Minister David Emerson. Internet Law & Strategy Board of Editors member Michael Geist was a member of the task force and served as the co-chair of the law and regulatory working group.
Geist will have more to say about the task force report soon, but he wanted to want to comment on the law and enforcement recommendations, which will likely generate the most amount of interest. The task force helped facilitate a series of cases (including my own privacy complaint against the Ottawa Renegades over unsolicited commercial e-mail they sent me) to test the current Canadian legal framework. Quite simply, the task force concluded that the current laws are not good enough. While Canada alone is not able to deal with the spam problem, it must at least deal with the spammers in our own backyard. The current legal framework contains some significant holes and the recommendations call for a spam-specific law accompanied by a new separate body to work on policy and enforcement coordination.
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.
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.
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.