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Text Messaging
As text messaging grows in popularity, it is an increasingly more attractive way for companies to reach target audiences. Recent industry statistics show that more than 270 million Americans ' over 85% of the population ' subscribe to cellular phone services. An estimated 57% of all mobile subscribers ages 13 and older use text messaging regularly. In fact, according to a Nielson study, “[t]ext messaging has become so popular ' that U.S. mobile subscribers now send and receive more text messages in a month than they make phone calls,” including the “typical U.S. mobile subscriber between the ages of 35 and 44.” But text message advertising has legal pitfalls that companies should avoid, as a recent decision in the Ninth Circuit Court of Appeals, Satterfield v. Simon & Schuster, highlights.
'Text Spamming'
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.