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WB's Takedown Notices Aimed at Entertainment Co.'s Own Websites
Critics of the Digital Millennium Copyright Act (DMCA) got some ammunition recently, when Warner Bros. Entertainment (WB) asked Google to take down hundreds of copyright-infringing websites ' only to later realize that it had included legitimate sites and some of the entertainment company's own official pages. The blunder dredges up questions about whether the current notice-and-takedown system is working for both copyright owners and service providers.
Section 512 of the DMCA provides the notice-and-takedown process that allows copyright owners, like WB, to protect their works from online infringement. WB, via its hired DMCA agent Vobile, sent a DMCA takedown notice to Google listing over 300 allegedly infringing sites. As tech blog TorrentFreak discovered, legitimate domains were targeted, such as an Amazon page selling WB's The Dark Knight and an official IMDb page for Batman Begins. Also listed were some of WB's own official websites for movies such as The Matrix.
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.