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Internet Service Providers Found Immune over Posted Comments in NY
More than a decade ago, in Lunney v. Prodigy Servs. Co., 94 N.Y.2d 242 (1999), the New York Court of Appeals declined, as premature, a request to decide whether to adopt a broad interpretation of immunity for Internet Service Providers under '230 of the federal Communications Decency Act (CDA). See, 47 U.S.C. '230(c)(1). (Section 230 provides that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”)
In the intervening years, Internet use has exploded so that it is almost de rigueur for businesses to host opportunities for interactive online activity ' such as blogs, bulletin boards, social media postings ' as an adjunct or aid to their core business of providing services and products. In other words, most businesses now also function as ISPs and need guidance in this area.
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.