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Copyright Infringement/Summary Judgment Rulings
The federal district court in Johnson v. Foxx below noted that 'summary judgment in favor of a defendant in a copyright case is a practice that should be used sparingly.' The issue has long been debated, but summary judgment for defendants in copyright infringement isn't uncommon today. The case summaries that follow offer snapshots of recent rulings of this type.
A Slice of Pie Productions LLC v. Wayans Brothers Entertainment, 3:04cv1034 (JBA) (D.Conn. 2007): The plaintiff claimed that its screenplay 'Johnny Bronx' was infringed on by the defendants' movie 'White Chicks.' The U.S. District Court for the District of Connecticut initially noted that, 'due to potential dispute about which of the Wayans brothers' agents may have received and/or read the [plaintiffs'] screenplay, defendants assume for summary judgment purposes that they had access to the screenplay.' As a result, the court compared the works at issue for substantial similarity.
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.