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Transformative Use Favored in Sports Video Game Case
By the time in 2011 that the U.S. Supreme Court officially recognized that video games are expressive works under the First Amendment, several federal appeals and district courts had reached the same conclusion. The Supreme Court found California's legislative restrictions on the sale to minors of video games with violent content to be unconstitutional. See, Brown v. Entertainment Merchants Association, 131 S.Ct. 2729 (2011). But in the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.
Rutgers QB Suit Fails Test
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.