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Supreme Court View On Copyright Attorney Fees
Attorney fee awards are a big issue in many of the copyright litigations that crop up in the entertainment industry. Now the U.S. Supreme Court has recalibrated the law of copyright fee shifting, telling the U.S. Court of Appeals for the Second Circuit that it was placing too much weight on the objective reasonableness of parties' litigation positions. “The court of appeals' language at times suggests that a finding of reasonableness raises a presumption against granting fees,” Justice Elena Kagan wrote for a unanimous court in Kirtsaeng v. John Wiley & Sons Inc., 15-375 (June 16, 2016), “and that goes too far in cabining how a district court must structure its analysis.”
Instead, lower courts must give due consideration to all other circumstances relevant to granting fees, including the ” Fogerty factors” articulated by the court 22 years ago in Fogerty v. Fantasy Inc., 510 U.S. 517 (1994): “frivolousness, motivation, objective unreasonableless, and the need in particular circumstances to advance considerations of compensation and deterrence.”
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.
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.