Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Different Look, Different Feel: Rehashing Fair Use in the Second Circuit
In a recent decision, the U.S. Court of Appeals for the Second Circuit in Romanova v. Amilus Inc., No. 23-828, 2025 WL 1479007 (2d Cir. May 23, 2025), addressed application and analysis of the fair use doctrine under copyright law, and reversed the district court’s finding of fair use. In an unusual situation, the lower court had dismissed the complaint sua sponte, although the defendant’s time to respond to the complaint had expired.
At issue was whether a website’s unauthorized display of a photographer’s copyrighted photograph, originally published under license in National Geographic Magazine, constituted fair use. The crux of the case is whether the U.S. District Court for the Southern District of New York’s sua sponte dismissal of the complaint with prejudice was proper and whether fair use was clearly established on the face of the complaint. Particularly, the Second Circuit reviewed the district court’s finding that Defendant Amilus Inc.’s publication of Plaintiff Jana Romanova’s photograph communicated a different message than was originally intended by Plaintiff.
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.