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Internet Archive Won’t Pursue Supreme Court Relief Over Loss of Copyright Case to Book Publishers
The Internet Archive has stopped defending its free digital library against a publisher-launched copyright lawsuit and announced that it won’t ask the U.S. Supreme Court to review whether the depository is a fair use of the plaintiff publishers’ copyrights.
The archive said in a blog post that it would honor an agreement with the Association of American Publishers (AAP) and remove copyrighted material from the library at publishers’ requests, instead of fighting a ruling from the U.S. Court of Appeals for the Second Circuit requiring the materials removal. See, Hachette Book Group Inc. v. Internet Archive, 115 F.4th 163 (2d Cir. 2024).
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.