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Sale of Used Software Licenses in Germany
Once in a while, something known as 'new distribution forms' of software catch the attention of people in the tech market in Germany. But standard license agreements and provisions of German copyright law do not always match perfectly, and these discrepancies give rise to gaps and misunderstandings that courts must ultimately settle.
Accordingly, a couple of landmark decisions have come down from the Bundesgerichtshof ('German Federal Court') over the last few years. While the German Federal Court has refused to accept the once famous original equipment manufacturer ('OEM') clause that set forth restriction of stand-alone sale of software without hardware in 1999 (BGH, July 6, 2000, File Number I ZR 244/97 (OEM)), it has decided, on the other hand, that network licenses must be accepted as a permissible use of software licenses (BGH Oct. 24, 2002, File Number I ZR 3/00 (CPU)). Even though these license forms have been subject to Federal Court evaluation, other concepts to circumvent software-licensing restrictions have come up, and have yet to be decided.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."