Features
LJN Quarterly Update: 2024 Q2
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Features
DOJ's Cyber Fraud Initiative Is a Wake-Up Call That Keeps Ringing
The DOJ's Cyber-Fraud Initiative's results and DOJ's guidance on corporate compliance have made the point to government contractors and corporate America — "now is the time to invest and reinvest" in cybersecurity compliance.
Features
First Circuit Defines 'Featured Artist' for Purpose of Right to Sound-Recording Royalties from Digital Transmissions
To the public, a band typically is defined as its performing members, not a business entity that may control the music group. But when it comes to royalty rights, are the performers or the business entity entitled to "featured artist" statutory royalties from digital transmissions of the band's sound recordings?
Features
DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
DOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
Features
Hope for 'Spotify Model' for Licensing Content for AI
A "Spotify model" of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.
Features
The State of Supreme Court Jurisprudence On Public Corruption
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Features
Key Takeaways from the Latest USPTO Guidance on AI
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.
Features
Colorado Emerges As Pioneer With Consumer AI Legislation
The Colorado AI Act, the first of its kind in the country, aims to reshape AI system deployment and development, setting a precedent for other jurisdictions.
Features
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.
Features
Pennsylvania Bar Issues Opinion On Ethical Use of AI
Formal Opinion No. 2024-200 stands as the most detailed opinion issued by any Bar association to date, aiming to heighten ethical awareness and offer advice on addressing these issues. While aimed at Pennsylvania-licensed attorneys, the guidance is applicable to all lawyers everywhere.
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- 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 ›
- Navigating the Attorney-Client Privilege and Work Product Doctrine in BankruptcyWhen a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance ActivitiesMany U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
