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In the early “wild west” days of the Internet, legal remedies always seemed a step behind the intellectual property dilemmas presented by the new technological medium. Companies could be blackmailed into paying millions just to use their own trademarks as domain names, copyrighted materials were “copied and pasted” with abandon, and hackers could access sites as “pranks” without violating any specific laws.
Congress has gradually responded by enacting new laws to tackle high-tech loopholes, and the courts have creatively applied traditional concepts in an effort to prevent unscrupulous people from exploiting others' Internet-based intellectual property.
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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 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.
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.
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This article explores legal developments over the past year that may impact compliance officer personal liability.