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Courts Address Clickwrap and Electronic Contracting
With downloadable software, e-commerce and streaming media services commonplace, individually negotiated consumer contracts have largely'been abandoned for practical reasons. Web pages or pre-installation screens typically contain standardized clickwrap agreements, which are intended to take the place of any direct bargaining between the parties. These agreements generally require online users to indicate their assent to the terms of an online agreement by means of conduct, such as by clicking on an 'I agree' button before accessing content, completing a purchase, enrolling with a service provider, or installing software.
This article reviews the various types of online agreements, including the more modern hybrid clickwrap transactions, as well as the characteristics of enforceable online agreements.
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.