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Authors, Agents and Publishers Seek to Carve Out Their Rights in Electronic-Book Formats
Three recent announcements involving electronic publishing sent ripples through the publishing industry. The first was Amazon's announcement that its sales of e-book units exceeded its sales of hardcovers by the second quarter of 2010, a trend that has reportedly continued. Although comparative sales figures do not present a complete picture, it is clear that gateway companies ' such as Amazon, Apple, Sony and Barnes & Noble that sell both e-books and proprietary e-book reading devices ' are enlarging their share of the publishing marketplace. (This article refers to them as “Digital Distributors,” even though “distributor” can be a misnomer; see below.)
The second recent announcement was that Odyssey Books, the new publishing arm of The Wylie Agency, agreed to make 20 titles available in electronic form, including modern classics by A-list authors and their estates that The Wylie Agency represents, exclusively for a two-year term through Amazon's Kindle Store. This approach bypassed not only the traditional conduits of literary works ' book publishers ' but also every Digital Distributor but one. Even physical bookstores reportedly were excluded from selling some of the books, which would only be available in Odyssey electronic editions. (See, “Celebrated Authors Bypass Publishing House to Sell ebooks via Amazon” by Alison Flood, guardian.co.uk, July 22, 2010.)
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.
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.