Features
The Doctrine of Fair Use
The definition of fair use was recently examined by the U.S. District Court for the Eastern District of Pennsylvania in <i>Warren Publishing Co. v. Spurlock d/b/a Vanguard Productions.</i> The court's opinion in this case provides a thoughtful and useful analysis of the bounds of fair use.
Thoughts on Investigative Strategies from a Federal Prosecutor
This article provides insight into the thought processes and strategies prosecutors employ when conducting an investigation.
Features
FCPA Individual-Liability Prosecutors Want YOU!
Over the last ten years, U.S. corporations conducting business outside the country have witnessed a dramatic increase in the enforcement of the Foreign Corrupt Practices Act (FCPA) and the severity of the financial penalties assessed. Now the DOJ and SEC have upped the ante.
New Burdens for Federal Contractors
On Jan. 30, 2009, President Obama signed Executive Order No. 13496, which requires Federal contractors to post notice of its employees' rights to organize and engage in union activities under the National Labor Relations Act. Here is what you have to know.
Business Crimes Hotline
Recent rulings of interest to you and your practice.
Features
The Travel Act and Overseas Commercial Bribery
The dishonored act of bribery is a basis for doing business in many places, and continually forces those who operate in the international marketplace to choose between risking the loss of business opportunities and engaging in activity that can easily come under the scrutiny of governmental authorities.
Electronic Search and Seizure
The long-running BALCO steroid investigation that led to the indictment of Major League Baseball star Barry Bonds has resulted in a potentially landmark decision about how government agents apply for and execute search warrants for electronically stored information (ESI).
The Coming Honest-Services Storm
Not since 1987, when the Supreme Court issued its bombshell decision in <i>McNally v. United States</i>, has the honest-services mail fraud doctrine received as much attention as in recent months. When the dust settles, it is possible that one of prosecutors' favorite weapons will have been sharply restricted or taken away.
Features
The Leasing Hotline
Recent rulings of importance to your practice.
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MOST POPULAR STORIES
- Clause & EffectNet-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement CoverageRead More ›
- A Lawyer's System for Active ReadingActive 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›