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Music-Sampling Ruling
Necessary Parties to Suit. The U.S. District Court for the Southern District of New York denied a motion by MGM Pictures to join Universal Music Group and its affiliated companies as defense parties in a suit against MGM over the alleged use of a sample of The Kinks' 1960s hit song 'You Really Got Me.' Jayboy Music Corp. v. Metro-Goldwyn-Mayer Pictures Inc., 05 Civ. 8575(JFK).
In 2004, Jayboy ' the owner of the 'You Really Got Me' song copyright ' filed a copyright suit in the Southern District against the Universal companies and the writers of the song 'Sexy.' The parties settled, giving the 'Sexy' writers, but not Universal, an irrevocable license to the sample. Universal subsequently gave MGM a license to use 'Sexy' in the motion picture 'Be Cool.' Jayboy then sued MGM for infringement. MGM in turn moved to compel joinder of the Universal entities as necessary defendants in the suit.
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.