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Fighting Internet Pirates: Remedies Available for Domain Name Disputes
As franchisors begin to rely more heavily on the Internet for conducting business, whether for advertising purposes, for providing online services to customers and franchisees, or for engaging in e-commerce, more franchisors will inevitably become victims of the modern-day type of piracy known as cyberpiracy or cybersquatting – the act of registering a domain name that is identical or confusingly similar to the trademark of another for commercial gain.
Cybersquatting can take on a number of different forms, all of which have dire consequences for franchisors and franchisees. For example, a cybersquatter may monitor a franchisor's domain name for the purpose of snatching it up the very moment the franchisor mistakenly allows the domain name to expire, with the intent to blackmail the franchisor into paying the cybersquatter several thousand dollars in order to transfer the domain name back into the franchisor's name. Alternatively, a cybersquatter may register a domain name that is a common misspelling of, or is otherwise confusingly similar to, a franchisor's trademark or trade name with the intent of attracting and misdirecting unsuspecting Internet users to the cybersquatter's competing Web site.
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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.