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Filers Beware: No Expedited Discovery in Copyright Suits
Litigation tactics employed by frequent filers of copyright infringement suits may face heavy criticism in light of a recent ruling by a federal judge in New Jersey. Prejudice to defendants and the administration of justice outweigh the interest of plaintiff Strike 3 Holdings in obtaining expedited discovery in a group of piracy suits against John Doe defendants, U.S. Magistrate Judge Joel Schneider of the District of New Jersey decided. Although expedited discovery had been granted to Strike 3 and other repeat copyright litigants in the past, new case law has been published and the court has learned of new material information that was not previously presented, Magistrate Schneider said. Strike 3 Holdings LLC v. Doe, 18-2674.
Expedited discovery has been granted under prior cases with similar circumstances, but parties filing those cases should know they can no longer expect business as usual, Magistrate Schneider said. The court "sees no reason why it should be consciously wrong today because it was unconsciously wrong yesterday," the magistrate noted.
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.
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.