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Internet Service Provider Liability
One of the first decisions in these matters, the CompuServe judgments of the Munich Court of First Instance and the Court of Appeals, received widespread attention (AG M nchen NJW 1998, 2836; LG M nchen I NJW 2000, 1051; comments on the judgment: Hoeren, NJW 1998, 2792; K hne, NJW 1999, 188; Koenig/Loetz, CR 1999, 438).
The case discussed the possibility of criminal liability of CompuServe's German general manager for pornographic content that was accessible through the Internet access points of CompuServe. After first having blocked the content following a notice served by the public authorities, CompuServe again allowed access to the newsgroups with offending content. Accordingly, the Court of First Instance found that the general manager had violated obligations to prevent illicit activity and, thus, had to be convicted according to the German criminal code. The penalty was released on license. The Court of Appeals remanded the case and acquitted the German CompuServe general manager (LG M nchen I NJW 2000, 1051; comments on the judgment K hne, NJW 2000, 1003; Moritz, CR 2000, 117).
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.
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.
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.
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.
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.