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Cameo Clips
COPYRIGHT TRANSFER/RETAINED RIGHT TO SUE
The U.S. Court of Appeals for the Fifth Circuit decided that a music publisher that assigned 50% of its song copyrights to a third party could pursue an infringement action over two of the songs ' even though the copyright assignment agreement stated it included “all claims for infringement of the copyrights whether now or hereafter existing.” In the Matter of Isbell Records Inc., 09-40343. In 2004, Alvert Music assigned a 50% interest in songs it owned to Bridgeport Music. Alvert Music had earlier sued DM Records alleging infringement of two of the compositions, “Dazzey Duks” and “Whoomp! (There It Is).” After Alvert's assignment to Bridgeport, the Eastern District of Texas granted DM Records' motion to dismiss Alvert's infringement suit on the ground that the copyrights transfer now prevented Alvert from pursuing DM Records.
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.