Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>Case Study</b></i> Infringement Suit over Rap Song Offers Useful Tips for Litigators
Copyright-infringement suits in which plaintiff accuses defendant of improperly taking from the plaintiff to create the defendant's work are common in the entertainment industry. But even with the frequency and long history of this type of litigation, infringement principles continue to develop as litigators face many substantive and procedural challenges. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, veteran entertainment-litigator Christine Lepera ' a partner in the New York office of Sonnenschein Nath & Rosenthal LLP ' discusses infringement litigation issues from her perspective as defense counsel in the copyright suit that was filed in the U.S. District Court for the Southern District of New York against rappers Ludacris and Kanye West and related companies. BMS Entertainment/Heat Music LLC v. Bridges, 04 Civ. 2584 (PKC).
In the interview, Lepera discusses burdens of proof, use of expert witnesses and trial considerations. The suit alleged infringement by the defendants arising from use of a phrase in their rap song 'Stand Up.' A jury found in favor of the defendants. The accompanying materials provide a timeline of key points and judicial comments in the case. The plaintiffs have filed a notice of appeal.
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.
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.