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Viacom Urges Second Circuit to Revive YouTube Suit
Viacom International and a host of content providers asked a federal appeals court to reverse a decision dooming their claim that YouTube is liable for $1 billion in damages for copyright infringement.
Attacking a 2010 grant of summary judgment to YouTube under the safe harbor provision of the Digital Millennium Copyright Act (DMCA), lawyers for Viacom, the Football Association Premier League, and other plaintiffs argued that YouTube clearly knew it was committing copyright infringement on a massive scale, and the providers asked the Second U.S. Circuit Court of Appeals to send the case back to the district court for another round.
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.