Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
He Who Steals My Trash Pays Cash?
In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. United States v. Chalupnik, 2008 WL 268997 (8th Cir. Feb. 1, 2008).
The decision threw out janitor Chalupnik's obligation to pay BMG Columbia House ('BMG') mandatory restitution of $78,818. BMG, the mail-order CD and DVD business, was found in this odd case to be a victim of the copyright misdemeanor crime to which Chalupnik pleaded guilty. Initially, Chalupnik had been charged with felony mail theft, a charge dropped in favor of the plea to copyright misdemeanor. Granted, it is far more pleasant to be charged with a misdemeanor than a felony; if those are the choices on the table, then copyright misdemeanor. But neither the pled-to crime nor the dropped 'mail theft' one seems to match up with what happened here. Chalupnik's appeal addresses solely the restitution order, since Chalupnik pleaded guilty to the copyright misdemeanor. Still, the most interesting aspect of this case is the judicial pas-de-deux between the admitted crime, and how (and whether) the punishment meets the crime.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.