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Secondary Liability for Copyright Infringement At the Supreme Court
By Catherine Nyarady and Crystal Parker
In February 2024, the Fourth Circuit addressed a jury’s 2020 damages award of $1 billion finding Cox secondarily liable for its subscribers’ copyright infringement through illegal copying of copyrighted songs. Sony Music Ent. v. Cox Commc’ns, Inc., 93 F.4th 222 (4th Cir. 2024). The Fourth Circuit affirmed the jury’s finding that Cox was willfully contributorily liable for infringement, but reversed the jury’s finding of vicarious liability, vacating the damages award and remanding the case for a new trial on damages.
Both Cox and Sony filed petitions for certiorari in August 2024 — Cox asking the Supreme Court to review the Fourth Circuit’s holdings on willfulness and contributory liability, and Sony asking for review on vicarious liability. Key industry players filed amici supporting the respective petitions. In October 2024, both Sony and Cox filed briefs in opposition to the others’ petition.
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.