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A federal judge in Beyond Systems, Inc. v. Kraft Foods, Inc., No. 8:08-cv-00409 (Dist. Ct. Maryland) recently ruled that an Internet service provider is barred from pursuing claims for alleged violations of the California and Maryland anti-spam statutes because it existed primarily and substantially to collect e-mails it believed to be spam and sue over it, and because it consented to receive the e-mails over which it sues. This ruling confirms that plaintiffs cannot cause their own injuries to extract millions in statutory damages, and will prevent serial plaintiffs from abusing statutes designed to protect genuine companies and individuals. Simultaneously, it allows legitimate companies to send lawful commercial e-mails without the threat that opportunistic plaintiffs will manufacture claims to game the system.
Standing under CAN-SPAM
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.