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Brand Considerations When Launching Mobile Phone Apps
As smartphones, such as the iPhone', Android', and BlackBerry', have become for many both a coveted accessory and a necessity for everyday life, the number and diversity of mobile phone applications (“Apps”) has exploded. Businesses, in turn, are launching mobile Apps in record numbers to reach consumers and maintain and increase market share. New devices, such as the Apple iPad', are providing a platform for even more sophisticated and complex Apps. However, prior to launching Apps on smartphone devices, it is advisable that brand owners pause ' even if momentarily ' to consider the new trademark and related legal issues that this new medium presents.
Unlike online media generally, where a business can publish and distribute software applications and tools under its own guidelines and parameters, development in the App medium is constrained by the guidelines and rules set forth by a limited universe of third-party smartphone providers (e.g., Apple, Inc. (“Apple”), Google, Inc. (“Google”), Research in Motion Ltd. (“RIM”), and Nokia, Inc. (“Nokia”)). Prior to launching an App, App developers are required to enter into one or more click-through App license agreements with the smartphone provider (“App Agreements”). These App Agreements contain detailed terms and conditions governing the creation and launch of the App, and provide for intellectual property licenses between and apportioning liability among the App developer and smartphone provider. As a general matter, these agreements are non-negotiable and binding the moment that the App developer clicks assent.
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.