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Who Owns the Web Site? Preventing Disputes Between You and Your Web Designer
In the digital age, it is essential for a company to have a Web site to both promote its goods and services and to communicate with its customers. Many companies, rather than keeping their Web design, development, and hosting services in house, have hired an outside company to provide design and hosting services for their Web site. While this arrangement can save costs and result in a more professional final product, it also poses a number of risks when the company's relationship with its developer comes to an end. Possibly the greatest risk is a dispute over who owns the copyright in the Web site code developed by the outside developer. Even if the company provides all the actual content for its Web site to the developer, the developer may be able to claim copyright protection in the development work it has done, such as the HTML code that makes the content display correctly in a Web browser. If the developer, rather than the company that hired the developer, is deemed to own that copyright, the developer can seek to enjoin the company from further use of the Web site, potentially crippling the company's business. This article provides a brief exploration of these issues, including how to prevent such a dispute from arising and appropriate litigation strategies when such a dispute does occur.
Preventing a Dispute
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.