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Kapoor v. National Rifle Association of America
A recent clash between the National Rifle Association of America (NRA) and Sir Anish Kapoor (Kapoor), a decorated visual artist, has many wondering just how far the rights of a copyright owner can extend when an artistic work is prominently and publically displayed and inextricable from photographs of a city's public spaces. When the NRA incorporated a photograph of Kapoor's publically displayed sculpture into a promotional video used to solicit contributions, Kapoor, who disagrees with the NRA's mission and message, forcefully expressed his displeasure. See, Eileen Kinsella, The NRA Used Anish Kapoor's Most Famous Work in a Political Ad. Now the Artist is Blasting Back, artnet News, March 12, 2018 (http://bit.ly/2RF3DPB). Kapoor alerted the NRA that he considered its use of his work objectionable, and an infringement of his rights. Initially relying on its First Amendment right to free speech, the NRA declined to remove what it described as a “fleeting” and de minimis display of Kapoor's work from the advertisement, which was reproduced, displayed, and further disseminated online.
In response, Kapoor sued the NRA for copyright infringement for the unauthorized use of his work. See, Kapoor v. Nat'l Rifle Ass'n of Am., Dkt. No. 18-c-4252 (N.D. Ill. Oct. 23, 2018). Alleging that the NRA had acted willfully, Kapoor requested an injunction; actual damages; statutory damages of $150,000 per infringement; as well as litigation expenses, costs, and attorneys' fees. In December, 2018, the parties settled, with the NRA removing the image of Kapoor's work from its video.
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.