Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Marketing and Pinterest
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of U.S. Federal Trade Commission (FTC) rules for commercial endorsements. Naturally, marketing departments are very interested in Pinterest ' but before you start, consult with your corporate counsel to prevent activity that poses such risks.
Pinterest encourages its users to “organize and share all the beautiful things you find on the web.” Unfortunately for Pinterest users, the images of many of these beautiful things are protected by copyright. Courts have found that merely reproducing works, even without distribution to the public, can constitute copyright infringement if the user has neither obtained permission to pin, nor paid a licensing or royalty fee for use of a copyrighted image. If a copyrighted work is infringed, the copyright holder is entitled to damages, the infringer's profits, and possibly statutory damages ranging from $200 to $150,000 depending on the innocence or willfulness of the infringer, according to 17 U.S.C. ' 504.
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.