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The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) was signed by President Bush on Dec. 16, 2003 and went into effect on Jan. 1, 2004. While unsolicited commercial e-mail is still legal under the new federal law, marketers must follow five rules to keep their outbound marketing messages above the board. What follows is a brief summary of the transmission rules:
1. Prohibition of False or Misleading Transmission Information
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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.
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 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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.