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Safe-Harbor Considerations For Web Videos
Every day, nearly 100-million videos are viewed on YouTube (www.youtube.com), making it an international phenomenon. YouTube allows users to upload videos to its Web site, which then may be searched for and viewed by other visitors. Seemingly overnight, users have uploaded everything from homemade comedies or stunts, to videos of UFOs, to parodies of popular entertainment, to highlights of last week's ballgame. Users often own the copyright of, or utilize a license for, the videos they upload. Other videos, however, contain copyrighted content that its owners wish to protect and financially benefit from, by not allowing free, unauthorized copying and distribution. Although the large-scale communication on YouTube effectively spreads information, copyright owners believe it directly infringes their rights and poses a serious threat to their ability to secure financial rewards for legally protected content.
From YouTube's perspective, taking burdensome steps to prevent the posting of potentially infringing content could destroy the business model and consumer goodwill upon which it relies. [Although YouTube recently announced it was tesing a new copyright filtering process.] This information sharing/rights protection dilemma is not solely limited to YouTube ' many Web sites and other service providers face decisions every day concerning the propriety of user-generated content.
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.