Business Crimes Hotline
Rulings of interest from around the country.
Features
In the Courts
Recent rulings of interest to you and your practice.
Can Money Laundering 'Travel with the Business'?
It can often be difficult for a white-collar attorney, who may have at least a passing familiarity with money laundering, to explain to a corporate attorney colleague how federal money laundering laws can impact deals on which the corporate attorney is advising clients. This article provides an example that may help you explain to your corporate law colleagues the impact that the federal money laundering laws could have on their work.
Features
Whither the Guidelines?
You might be forgiven for concluding that the U.S. Sentencing Guidelines were largely a thing of the past following the Supreme Court's decision two years ago in United States v. Booker, 543 U.S. 220 (2005). The Court held that the Guidelines were purely advisory ' not mandatory ' and just one among many factors to be consulted in meting out a sentence under 18 U.S.C. ' 3553(a). Other factors specified in ' 3553(a) include such…
Features
The Globalization of Investigations
Over the past several years, the Department of Justice ('DOJ') has expanded its tools and efforts to gather evidence from abroad and reciprocate by helping foreign prosecutors gather evidence in the United States. For a client whose primary presence is in this country, cross-border cooperation among law enforcement organizations raises distinct and difficult issues. An effective defense requires knowledge of treaties and criminal law in two or more jurisdictions, and collaboration among defense counsel in different countries.
Bit Parts
Copyright Infringement/Motion to Intervene; Copyright Infringement/Striking Similarity; Right of Publicity/Attorney Fees.
Features
Celebrity Name or Likeness
A new department centering on key cases.
Clause & Effect
The U.S. District Court for the Eastern District of Michigan decided that unresolved issues of fact as to whether a distributor or a record label abandoned a record-distribution agreement precluded summary judgment for either party on breach claims by the distributor.
Features
Counsel Concerns
The U.S. District Court for the District of Nevada granted summary judgment in part for Nevada-based entertainment attorney John Mason on his claim of breach of legal-services agreements by a film-production company.
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MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Clause & EffectNet-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement CoverageRead More ›
- Rights and Obligations In Patent LicensesThe owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.Read More ›
- Foreseeability as a Bar to Proof of Patent InfringementThe doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.Read More ›