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Copyright Infringement/Attorney Fees
The U.S. District Court for the Middle District of Florida, Tampa Division, granted a motion by film studios for attorney fees in a suit against an unauthorized downloader, but denied the fee amount requested. Twentieth Century Fox Film Corp. v. Childs, 8:05-cv-1656-T-23EAJ. The studios sued the defendant for copyright infringement. The district court granted a default judgment in favor of the studios that included an order stating: '[Defendant] is enjoined from directly or indirectly infringing the plaintiffs' rights under federal and state law in the motion pictures 'Spider-Man 2' and 'Alien vs. Predator' and in any copyrighted motion picture owned or controlled by the plaintiffs, whether now in existence or later created, including by using the Internet or any online media distribution system to reproduce, distribute, or make available to the public any motion picture owned and controlled by the plaintiffs, unless [defendant] is acting pursuant to lawful license or with the express authority of the plaintiffs.' But denying the $7,803 in attorney fees the studios requested, the district court noted: '[T]he plaintiffs' motion fails to demonstrate the reasonableness of the hourly rate charged. ' [T]he plaintiffs submit only the declaration ' of their attorney, Alexandra N. DeNeve, that states 'upon information and belief, the rates requested are commensurate with those generally charged for similar work in this district.' The unilateral declaration of the attorney performing the work fails to adequately demonstrate that the requested rate prevails in the applicable market.'
Executive Compensation/Severance Pay
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.
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.
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.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.