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Attorney Fees
The U.S. District Court for the Southern District of New York granted a motion for attorney fees by Universal Studios and its production company co-defendants in long-running copyright-infringement litigation over the movie Life. But the district court said it was “highly unlikely that [the pro se plaintiff] has anything like the resources available to defendants, for whom defending copyright lawsuits is a (perhaps unfortunate) regular cost of doing business. This factor may well limit the amount of fees that should be awarded in this case.” Hudson v. Universal Studios Inc., 04 Civ. 6997(GEL).
Gregory Hudson claimed that Life infringed on his plays Bronx House and No Harm, No Foul. The U.S. District Courts for the Eastern District of New York and the Southern District of New York both dismissed his claims. The studio defendants then sought modest attorney fees under Sec. 505 of the Copyright Act for prevailing on a motion for summary judgment filed to stop Hudson's suit in the Southern District regarding his play Bronx House.
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.