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Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States
The U.S. Court of Appeals for the Eleventh Circuit affirmed a preliminary injunction barring former Commodores music group member Thomas McClary from billing his current group as “The Commodores” for live performances. Commodores Entertainment Corp. (CEC) v. McClary, 14-14883. McClary left The Commodores in 1984 but was touring as “The Commodores Featuring Thomas McClary.” The U.S. District Court for the Middle District of Florida, granted the preliminary injunction to Commodores Entertainment on CEC's trademark infringement claim under the federal Lanham Act by finding that the remaining members of the original group “maintained quality or control over the [m]arks.” In its affirmance, the Eleventh Circuit also decided the injunction was enforceable outside the United States because: “McClary's booking agent operates from the United States; the customer confusion was not limited to the United Kingdom and Switzerland (where McClary booked performance dates) but was also present in the United States; the marks are not registered in a foreign country; and use of the marks extraterritorially will have an effect on CEC, a United States corporation.”
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.