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International Internet Law Suffers Growing Pains
In November, a European court ruling forced an American Internet service provider to remove content from servers located in the U.S. and block the transfer of content to European and Asian users. See, Mosley v. Google (Tribunal de Grande Instance, Paris, Nov. 6, 2013). This ruling resulted from the Internet search results of an Englishman who asserted that his French Internet privacy rights make it illegal to distribute Internet images of an individual in a private space without that person's permission.
In international Internet matters, legal difficulties abound while the law languishes. The societal and economic impact of the Internet has been visible since the beginning of the 1990s, as evidenced by the change in human rights and international economic and institutional policies instigated by the Internet. Yet, despite the current problems involving the administration of the Internet Domain Name System (DNS) by the Internet Corporation for Assigned Names and Numbers (ICANN), and the various nation states' efforts to claim domestic jurisdiction over Internet content, few bilateral treaties addressing the Internet have been executed.
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.