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Consumer-Generated Content Is Hot
Over the past year, a growing number of companies have begun to sponsor promotions involving consumer-generated content. For example, Frito-Lay and Unilever each ran contests in which consumers were invited to create commercials and the winning spots were aired on television. These types of promotions offer many advantages for marketers. If a promotion is executed well, it could generate publicity for a relatively small investment. Consumers are also likely to spend more time on a company's Web site watching videos and learning about the company's products than they would otherwise. Moreover, a company may end up with a great commercial at a fraction of the price they would have had to pay an agency to develop it.
Along with these advantages come a number of legal challenges. Promotions like those sponsored by Frito-Lay and Unilever are subject to contest laws in every state, so sponsors need to make sure they comply with the laws in each state in which a promotion is offered. When a sponsor turns control of content over to consumers, it may lose the ability to ensure the content complies with applicable laws. Because sponsors could be liable for the content posted on their sites, they need to take steps to protect themselves against the possibility that consumer-generated content will infringe the rights of third parties or contain false claims. And, if sponsors aren't careful, they may be limited in how they can use content submitted in a contest.
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.