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Can The Grokster Settlement Close Pandora's Box?
On Nov. 7, 2005, Grokster LTD (Grokster) filed documents in a Los Angeles federal court reporting that it had reached a settlement in its lengthy legal case with the nation's largest record companies, motion picture studios and music publishers (as represented by the Recording Industry Association of America (RIAA)).
As part of the reported settlement, Grokster admitted monetary liability in the amount of $50 million dollars and agreed to immediately shutter its popular peer-to-peer (P2P) file sharing service. Grokster's Web site was changed the same day to state that its existing file-sharing service was illegal and no longer available. Specifically, the site states that: “There are legal services for downloading music and movies. This service is not one of them.” However, the Web site notes that Grokster hopes to have a “safe and legal” replacement available soon apparently under the proposed name “Grokster3G.”
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.