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Federal Judge Gives Clues in YouTube Infringement Case
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 ('DMCA') that the a New York federal district judge will likely focus on in the much anticipated and ballyhooed litigation.
In Robert Tur d/b/a Los Angeles News Service v. YouTube, Inc., CV 06-4436 FMC (C.D., Cal.; June 20, 2007), California federal District Judge Florence-Marie Cooper denied defendant YouTube's partial summary judgment motion seeking dismissal of plaintiff's complaint under Section 512(C) of the DCMA, a safe harbor provision. Judge Cooper found that a more thorough investigation was required to determine how much control YouTube exerted over the Web site in assessing whether the famous site qualifies as a 'service provider' to trigger the statute's safe harbor provision.
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.
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.
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.
A Lawyer's System for Active Reading
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.