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<i>Tiffany v. eBay </i>
The recent decision of the Second Circuit in connection with the appeal in Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc., 576 F. Supp. 2d 463 (S.D.N.Y. 2008), represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
The district court had absolved eBay from liability for false advertising, since it was in fact providing a venue for sale of legitimate Tiffany product. The Second Circuit remanded for reconsideration of the false advertising claim in light of its concern that the advertising might be misleading, granted eBay's general knowledge that counterfeit product was being sold by vendors through the site. In remanding, the court accepted the position of the lower court that there was no literal falsity, legitimate Tiffany product being available, but the promotion of product as Tiffany product might be misleading granted the volume of counterfeit product, suggesting that a disclaimer might become adequate. Suffice to say, the court's language augers little comfort for Tiffany in this partial, potentially pyrrhic, victory.
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.
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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.
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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.