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Bit Parts
Copyright Infringement/Content Deletions
The U.S. District for the District of Colorado declined to accept a public-benefit argument by companies that sold DVD copies of motion pictures, edited without permission of film studios to delete what the editing companies claimed was objectionable content. CleanFlicks of Colorado LLC v. Soderbergh, 02-cv-01662. Granting the studios' and film directors' motion for a permanent injunction, the district court found that the editing companies violated the film studios' exclusive rights to reproduce and distribute movies that the studios make. The court noted: 'Under the facts of this case, the presumed destruction of the [editing companies'] businesses is not a justification for denying these copyright holders ' the Studios ' the right to control the reproduction and distribution of the protected work in their original form.'
Copyright Renewal Rights/Vesting
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.