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Inside <i>Grokster</i>
[Editor's Note: The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the Grokster case (Metro-Goldwyn-Mayer Studio v. Grokster, 125 S. Ct. 2764 (2005)), pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. (The other articles in this special 12-page issue serve as a nice summary of the decision as well as adding to the commentary.) In this virtual roundtable discussion, members of Internet Law & Strategy's Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of Grokster. I am very grateful to the participants for their generous contributions. We welcome your comments and further thoughts on the case and its ramifications. - Steven Salkin, Esq., Managing Editor]
Technology Companies and Software Distributors
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.
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.
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.