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When Legal Spam Isn't Spam
Did you recently receive an e-mail demanding that you 'Visit our Web site for an important change in your account terms' (as was stated in a recent message not long ago from a cell-phone service provider)?
Certainly that doesn't seem like the typical spyware or spam message that urges you to 'Click here' for money or prizes, does it? An 'important change in account terms' just doesn't have the sex appeal of a lottery prize, a vacation, a starlet in some stage of undress, or any of the many e-mail come-ons that clutter everyone's Inboxes today. In fact, it isn't even a user-friendly solicitation ' there is no long link of numbers and letters to click on to see the notice; instead, the recipient must independently locate the Web site address. Once on the site, he or she must find the 'terms and conditions' announcement to read and ' if he or she gets that far ' understand it. All this is unlike the typical virus or Trojan horse, when all it takes is a single unwary click to launch a nefarious program.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
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.