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Third Cir. Embraces 'Transformative Use' As Defense Against Publicity Right Claim
In a case of first impression, a split panel of the U.S. Court of Appeals for the Third Circuit restored a cause of action by a former college football player who says his likeness was appropriated without his consent for use in a video game. In so holding, the appeals court panel reversed a New Jersey federal district court that had dismissed the ex-player's suit on the ground that video games are afforded First Amendment protections as expressive speech. The Third Circuit agreed that video games enjoy First Amendment protections, but said intellectual property rights could impose limits on those free speech rights.
In Hart v. Electronic Arts Inc., 11-3750, the Third Circuit on a 2-1 vote said that Ryan Hart, who played quarterback for Rutgers University in 2004 and 2005, could bring a right of publicity claim against Electronic Arts over its NCAA Football video game. Hart filed the suit as a purported class action. He alleges that the video-game maker violated his right of publicity by featuring a player with his jersey number, 13; his height and weight; and his token left-hand wristband.
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.
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.
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.