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Prosecuting Internet Bad Acts Using Nuisance Law
Myriad Internet-related violations of both criminal and civil statutes are not prosecuted because their novelty requires excessive effort by the moving party. When cases of Internet bad acts are brought to court, the prosecution tends to be unsuccessful, as evidenced by the cases associated with Internet-related obscenity. Despite the intensification of Internet criminal and civil statute violations, there has been little innovation with respect to the prosecution of Internet bad actors.
Rather than pursuing traditional criminal or civil actions that are based on a specific act, the use of nuisance-law injunctions that are based on generally objectionable behavior may be a better alternative in responding to Internet bad acts. Just as the application of nuisance law helped curb the production and distribution of traditional obscene materials four decades ago, it may be useful for reducing Internet bad acts today. Applying nuisance law to Internet bad acts also provides the advantage of subjecting third parties, rather than the defendants, to suitable injunctions.
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.