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No Personal Jurisdiction In Sending Copyright Termination Notices By Stan Soocher
Much of the attention to the recent decision by the U.S. Court of Appeals for the Second Circuit on rights to key Marvel Comics characters focused on the opinion's “work for hire” analysis. On that, the appeals court ruled that the copyrights for such comic-book characters as “The Incredible Hulk,” “The X-Men” and “Spider-Man” belonged to Marvel Comics, rather than illustrator Jack Kirby. Marvel Characters Inc. v. Kirby, 11-3333. But the appeals court also addressed an important procedural concern in copyright termination litigation: the interplay between parties sending these notices and the jurisdictional reach of courts in which termination cases are filed.
Jack Kirby died in 1994. His four children sent copyright termination notices to Marvel in 2009 under '304(c) of the Copyright Act. In 2010, Marvel filed a declaratory action in the Southern District of New York, which found the copyrights at issue were works for hire, made at the instance and expense of Marvel.
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.