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Second Circuit Rules in Record Distribution Case
The U.S. Court of Appeals for the Second Circuit upheld cancellation of the distribution by Artemis Records of a cover recording of “The Ketchup Song (Heh Hah)” for which 24/7 Records failed to obtain a compulsory license for the musical composition. But the appeals court allowed 24/7 to proceed with claims of wrongful termination of 24/7's overall distribution contract with Artemis and that Artemis' distributor Sony Music, which distributed an earlier internationally successful recording of “The Ketchup Song,” had tortiously interfered with the 24/7-Artemis agreement. 24/7 Records Inc. v. Sony Music Entertainment LLC, 04-5563.
Florida-based 24/7 signed a deal for Artemis to serve as 24/7's exclusive record distributor in the United States. The agreement, which also acknowledged that Sony's RED Distribution would work on behalf of Artemis, stated:
“[24/7] solely shall be responsible for, and shall pay all costs in connection with, each of the following:
…
(b) The securing, in writing, of all necessary licenses, consents and permissions required for the distribution of Records hereunder, including, without limitation, from recording artists, producers, other performers, music publishers, unions and guilds, and other Persons rendering services or granting rights in connection with the Recordings and the Records.”
The agreement further stated that 24/7 represented and warranted that 24/7 already had “or prior to release hereunder shall have, and shall at all times thereafter continue to have in effect a valid and enforceable grant of rights or license … with respect to each Recording, each musical composition and all other copyrightable materials embodied in or on the Records (including, without limitation, mechanical licenses for all musical compositions and licenses for so-called 'samples').”
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.