Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Bit Parts
Alleging “Online” Distribution Not Enough to Establish Simultaneous International “Publication.”
The U.S. Court of Appeals for the Eleventh Circuit decided that alleging “online” distribution from Australia of a sound recording didn't establish simultaneous worldwide publication. Kernel Records Oy v. Mosley, 11-12769. For example, the appeals court noted, “if the software for a peer-to-peer network was downloaded only in Canada, Egypt, and the Netherlands, offering a file for download on the peer-to-peer network would not make the file simultaneously available to a worldwide audience” in the way that posting on an open Internet website would. Thus, there was a genuine issue of material fact ' in Kernel Records' copyright infringement suit against UMG Recordings, recording artist Nelly Furtado and producer Timbaland over the track “Do It” ' as to whether the plaintiff's work “Acidjazzed Evening” was simultaneously published in the United States. If it was, the lawsuit would be blocked, the appeals court noted, “because Kernel failed to apply for [U.S. Copyright Office] registration prior to the district court's grant of summary judgment” for the defendants '.”
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.