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No Tolling for Filing of Copyright Counterclaim
The U.S. District Court for the District of Puerto Rico ruled that statute-of-limitations tolling available for “compulsory” counterclaims didn't apply to a copyright co-ownership counterclaim that failed to arise out of the same operative facts as the plaintiff's copyright co-ownership suit. The counterclaim thus was time-barred. Sebastian Music Group Inc. v. Ayala-Rodr'guez, 07-1436(JP).
The plaintiffs had sued artist Daddy Yankee, alleging co-ownership of the songs “Cu'ntame” and “Lo que Pas', Pas'.” One of the co-defendants counterclaimed for co-ownership of several other songs he alleged the plaintiffs had registered with the Copyright Office. The district court noted that “the original claim and the counterclaim do not arise ' from the same aggregate of operative facts because the work of preparing the two songs at issue in the original complaint was distinct from, and occurred after, the work of preparing the songs at issue in the counterclaim. The distinct sets of songs also resulted in separate albums that were released on different dates. Second, Plaintiffs' original claims did not 'activate' an otherwise dormant counterclaim [that] could have [been] brought [as] a claim pertaining to the earlier songs at any point before the instant action. ' [T]he counterclaim is not compulsory.”
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.