Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. United States v. Chalupnik, 2008 WL 268997 (8th Cir. Feb. 1, 2008).
The decision threw out janitor Chalupnik's obligation to pay BMG Columbia House ('BMG') mandatory restitution of $78,818. BMG, the mail-order CD and DVD business, was found in this odd case to be a victim of the copyright misdemeanor crime to which Chalupnik pleaded guilty. Initially, Chalupnik had been charged with felony mail theft, a charge dropped in favor of the plea to copyright misdemeanor. Granted, it is far more pleasant to be charged with a misdemeanor than a felony; if those are the choices on the table, then copyright misdemeanor. But neither the pled-to crime nor the dropped 'mail theft' one seems to match up with what happened here. Chalupnik's appeal addresses solely the restitution order, since Chalupnik pleaded guilty to the copyright misdemeanor. Still, the most interesting aspect of this case is the judicial pas-de-deux between the admitted crime, and how (and whether) the punishment meets the crime.
The Facts
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.