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Online Promotions and Marketing
Part One of this article (in the November 2007 issue) examined the use and inducement of user-generated content ('UGC') and user promotional activities, and Part Two (December 2007) examined the use of contests and sweepstakes as online marketing and promotions tools. This final part addresses issues that affect not only those types of promotions, but also other types of online marketing and promotional activities; namely, the enforceability of online agreements and terms of use, consumer privacy and data security, the use of third-party Web sites and online services, commercial e-mails and special concerns relating to children. The FTC has, for many years, been aggressively policing online activities, particularly with respect to privacy, security, e-mail and adequate disclosures.
'I Accept'
Has a Contract Been Formed?
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.