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Cyberspace Land Rush Coming
On Jan. 12, 2012, the Internet Corp. for Assigned Names and Numbers (ICANN), the organization governing the assignment of Internet addresses, will begin accepting applications to expand the Internet registry space by allowing entities to create, register and operate customized generic top-level domains (gTLDs). This program, which affords organizations the unprecedented opportunity to stake their own claim in cyberspace by owning and operating their own gTLDs, has the potential to cause significant change in the way users navigate the Internet. Rather than searching for and using extensions such as dot-com, dot-net and the handful of others dominating the Internet, users might navigate toward websites at a variety of dot-generic and dot-brand extensions. (For background on ICANN's decision and more on the application process, see, “From Dot-Com to Dot-Whatever: What You Need to Know As ICANN Approves Unlimited New Top-Level Domains,” in the July 2011 issue of Internet Law & Strategy, http://bit.ly/nNNeIn.
Only time will tell whether the new gTLD program will generate a cyberspace rush, but ICANN experts expect there to be anywhere between 300 and 1,000 new gTLD applications. Those ready to stake their claim should be prepared ' it won't be as simple as showing up in January and being the first to register. Rather, because new gTLD applications are expected to be highly complex documents of several hundred pages and will require partnering with expert counsel, preparing a successful application will likely take months. Organizations are advised to begin their planning process as soon as possible. Even organizations that are not applying will want to begin planning to adapt their online enforcement strategies to account for the expanding domain space.
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.