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Cameo Clips
COPYRIGHT JURISDICTION/ REGISTRATION REQUIRED
The U.S. District Court for the Southern District of New York decided that it lacked subject matter jurisdiction over a claim for actual damages in an infringement suit in which the plaintiff filed for but hadn't yet obtained a certification of registration from the U.S. Copyright Office. DMBJ Productions v. TMZ TV, 08 Civ. 6160 (S.D.N.Y. 2009). DMBJ Productions sued over the alleged unauthorized inclusion in TMZ's TV entertainment-news show of the plaintiff's footage of Jennifer Lopez entering a TV studio. Section 411(a) of the Copyright Act provides that “no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.” DMBJ applied for but had not yet received a certificate of registration.
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.