Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Infringement Suit Against Tim McGraw Is Dismissed
The U.S. District Court for the Middle District of Tennessee granted a Rule 12(b)(6) motion to dismiss on the pleadings a copyright infringement suit against country artist Tim McGraw. Martinez v. McGraw, 3:08-0738. Plaintiff James Martinez alleged that the McGraw track “Everywhere,” by songwriters and co-defendants Craig Wiseman and Mike Reid, infringed on Martinez's song “Anytime, Anywhere Amanda.” To survive a 12(b)(6) motion under the Federal Rules of Civil Procedure, a complaint needn't contain factual allegations that are detailed but must be more than speculative.
Senior District Judge John T. Nixon noted: “Mr. Martinez fails to assert factual allegations that raise a right to relief above the speculative level. In the Complaint, Mr. Martinez alleges that Terri Clark, a non-party musician, recorded a song with a title that is comprised of a common phrase [i.e., 'easy on the eyes'] also used by Plaintiff in his song title ['Easy on the Eyes, Hard on the Heart']. Mr. Martinez then alleges that both Ms. Clark and Mr. McGraw used the same studio to record their albums and used some of the same songwriters and personnel to create their albums. Plaintiff concludes that this tenuous string of facts resulted in Defendants having access to Plaintiff's song. Yet, Plaintiff fails to state facts that could raise even an inference of access. Plaintiff does not allege how his song “Anytime, Anywhere Amanda” got into the hands of Ms. Clark's personnel and songwriters or even that his song was played in hearing range of Ms. Clark's personnel and songwriters or that Ms. Clark's personnel and songwriters had any contact with Plaintiff or Plaintiff's [CD] Collection. Instead, Plaintiff relies on the fact that Ms. Clark produced a song entitled, 'You're Easy on the Eyes,' that contains a well-known phrase, which is similar to Plaintiff's song titled, 'Easy on the Eyes, Hard on the [Heart]'.” (McGraw's Everywhere album had a song titled “Hard on the Ticker.”)
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.
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.