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What Should the Filing Time Be for Common Law Copyright Infringement Suits?
Rights in pre-Feb. 15, 1972, sound recordings ' which are protected by state law, rather than federal copyright law ' are hotly litigated in the digital music era. On April 17, for example, major record labels sued the music-streaming service Pandora in New York Supreme Court in Manhattan. Capitol Records LLC v. Pandora Media Inc., 651195/2014. The suit alleges common-law copyright infringement and unfair competition from Pandora's use of pre-1972 recordings. Federal copyright law provides a specific statute of limitations for infringement claims, but New York doesn't for common-law infringement. As a result, there is no practical guidance on how far back damages may be counted.
The issue was recently discussed in an April 14 New York state court ruling involving use of a pre-1972 recording on a restaurant website's home page. Capitol Records LLC v. Harrison Greenwich LLC, 652249/2012. Capitol Records sued the New York City restaurant over unlicensed use of the 1970 recording “The Rumor” by The Band. Capitol filed its complaint for common-law copyright infringement in New York County on June 27, 2012.
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.
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.
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.