New Standards for Brady and Giglio Disclosures
July 30, 2007
For the past five years, the white-collar criminal-defense bar has been working to enhance the obligations of federal prosecutors to disclose exculpatory and impeaching information under <i>Brady v. Maryland</i>, 373 U.S. 83 (1963), <i>Giglio v. United States</i>, 405 U.S. 150 (1972), and their progeny. In the past few months, those efforts have begun to bear significant fruit.
Federal Judge Gives Clues in YouTube Infringement Case
July 30, 2007
A cross-coastal ruling in the little-known predecessor of the epic suit filed in March by Viacom International, Inc. against YouTube, Inc. and its new parent, Google, Inc., elucidates key issues arising under the Digital Milleneum Copyright Act that the a New York federal district judge will likely focus on in the much anticipated and ballyhooed litigation.
Whole Foods' CEO Mackey: Poster Child for Sock Puppeting's Pitfalls
July 30, 2007
Creativity is king, and on the Internet you can be anything imaginable: a man posing as a woman, an undercover agent impersonating a curious boy, or the chief executive of a Fortune 500 company pretending to be an adoring fan of ' himself? So goes the strange tale of John Mackey, the chief executive officer of Whole Foods Market, who used a pseudonymous identity on the Yahoo! message boards for nearly eight years to lambaste competition and promote his supermarket chain's stock, according to documents released by the Federal Trade Commission last month.
Courts Move to Protect Informants From Web Site
July 30, 2007
In response to a controversial Web site that exposes the identities of criminal defendants who have agreed to cooperate with authorities, the federal judges on the Eastern District of Pennsylvania bench have adopted a plan designed to make it impossible for any visitor to the court's Web site to discern whether a defendant is cooperating. The new protocol, adopted last month, is a direct response to the Who's a Rat Web site (www.whosarat.com), and will result in a modification of the docketing of all sentencing and plea documents in all criminal cases.
New IRS Whistleblower Program
July 30, 2007
Caution ' an employee of your company may go to work for the IRS. Well, not in the traditional way. In the Tax Relief and Health Care Act of 2006 ('the Act'), effective Oct. 20, 2006, Congress amended ' 7623 of the Internal Revenue Code, substantially enhancing the IRS's informant or whistleblower program.
MySpace, Facebook Privacy Limits Tested
July 30, 2007
The operators of MySpace and Facebook social networking sites assure their millions of subscribers that only designated 'friends' can read registrants' private postings. But do the postings stay private if the registrant becomes the plaintiff in an emotional distress case? Can the defendant get the texts of MySpace and Facebook messages to support a defense that the distress claim is bogus? And is the expectation of privacy by users of such sites higher than it is for customers of common e-mail providers such as Microsoft and Comcast?
Download Enforcers May Be Singing New Tune
July 30, 2007
Recent court decisions may force the Recording Industry Association of America ('RIAA') to re-evaluate its litigation tactics. In the past, RIAA members were able to file actions against the owners of Internet addresses if their sites were used by others to file share.
On the Move
July 30, 2007
Who's doing what; who's going where.
Insolvencies Created By Bad Actors
July 30, 2007
While the market is swimming with innovative and highly leveraged financial transactions, and many parties are enjoying sizeable gains, some of those involved in these enterprises ultimately will become insolvent. A fraction of these insolvencies will result from fraudulent investment schemes perpetrated by multiple parties acting in concert for their mutual benefit. Innocent victims, including creditors and investors, will bear the financial brunt of the insolvencies, and will be eager to recover from all parties that participated in the fraud.
Fourth Circuit Affirms Chapter 11 Dismissal
July 30, 2007
The Fourth Circuit, on June 15, 2007, affirmed the dismissal of a Chapter 11 reorganization petition filed by a tenant debtor in a commercial lease dispute. <i>Maryland Port Administration v. Premier Automotive Services, Incorporated (In re Premier Automotive Services, Incorporated).</i> As the Court of Appeals explained, the tenant had filed its Chapter 11 petition 'in order to forestall eviction on an obviously expired lease ' to prevent the [lessor] from evicting the debtor from the [lessor's] property,' seeking to tie up the landlord 'in endless, fruitless litigation.' According to the court, the Chapter 11 filing here 'demonstrate[s], unfortunately, how the good and useful ends of the bankruptcy process can be badly abused.'
