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Cameo Clips
BOOK PUBLISHING/PERSONAL JURISDICTION
The U.S. District Court for the Southern District of New York ruled that it lacked personal jurisdiction over an Oregon-based, not-for-profit operator of a Web site that made unauthorized downloads of books of a New York-based publisher available to the public. Penguin Group (USA) Inc. v. American Buddha, 09 Civ. 528(GEL). Penguin Group filed suit charging copyright infringement by the defendant's www.naderlibrary.com, of books by authors Upton Sinclair, Sinclair Lewis and others. The district court noted in dismissing the suit: “Plaintiff does not allege that any infringement occurred in New York. Rather, its theory of jurisdiction is that because it is based in New York, infringement occurring anywhere in the world necessarily injures plaintiff in New York. ' That position is unsustainable.” The court reasoned that “while the electronic nature of the alleged infringement may make it possible for others acting in New York to infringe plaintiff's copyrights here, plaintiff has not alleged such a New York infringement, and bases its claim of injury solely on the economic effect of an injury inflicted by defendant elsewhere.”
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.
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.
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.