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i.think Therefore i.am? Not Exactly
Fame, they say, is fleeting ' but the brands and value they create are not. Little wonder the adopted names of certain stars become not only brands in the popular imagination, but also legally defended rights and trademarks.
After all, what would Cherilyn Sarkisian be today had she not assiduously promoted herself as Cher ' a brand now attached not only to music and entertainment, but to cosmetics, fragrances and skincare products? What cachet would Paul David Hewson enjoy if he weren't known worldwide as Bono? Popular music stars have long followed this lead, not only to leverage their rights of publicity but securing trademarks even for variants on their own names. This surely was the driving force behind the recent effort of William Adams, professionally known as will.i.am of pop group The Black Eyed Peas, to register the mark “I AM” in standard characters for sunglasses and sunglass cases.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."