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John Wiley & Sons v. Kirtsaeng
In John Wiley & Sons Inc., v. Kirtsaeng, __ F.3d __, 2011 WL 3560003 (2d Cir. Aug. 15, 2011), the Second Circuit took a stand against parallel importation of copyrighted works made under the authority of the U.S. copyright owner in a foreign country. In doing so, it aligned itself with the Ninth Circuit in Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff'd 131 S. Ct. 565 (2010) and four of the eight Supreme Court Justices ruling on Costco's appeal. Justice Elena Kagan had recused herself, having opposed Costco's petition for certiorari when still in the Justice Department.
At issue in Wiley was an interpretation of what it means for a work to have been “lawfully made under” the Copyright Act. For some, the answer is simple. They believe it means that the work must be made in the United States, noting that the Act has no extra-territorial effect. Others counter that it means made anywhere, as long as it is made by the U.S. copyright owner, reasoning that lawfully made under the Act means not unlawfully made under the Act. For some, the issue seems to turn on whether they believe that the answer will affect where U.S. book publishers make their books. In any event, unless this case makes it to the Supreme Court, the Ninth and Second Circuits have now spoken on this issue and supported the use of copyright law to combat parallel imports.
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.
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.
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.