Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Changing the Game
Last month, we looked at the recent case of Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), where the Supreme Court endorsed ' and defined ' the concept of “willful blindness” for the first time. There, the Court explained that legal culpability could be shown through a defendant's “willful blindness” to wrongdoing only if he or she: 1) “subjectively believe[d] that there is a high probability that a fact exists”; and 2) “t[ook] deliberate actions to avoid learning of that fact.” 131 S. Ct. 2060, 2070 (2011). The Court's “clarification” of this doctrine, although given in the context of a civil patent dispute, promises to have immediate effects on criminal prosecutions, both for individual and corporate defendants.
Willful Blindness After Global-Tech
As an initial matter, it is patent that, following Global-Tech, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change. The Eleventh Circuit's pattern instruction, for example, states “it's enough that the Defendant was aware of a high probability that the fact existed ' unless the Defendant actually believed the fact didn't exist. ' [However,] negligence, carelessness, or foolishness isn't enough to prove that the Defendant knew about the [fact].” This instruction is now plainly inadequate in that it does not preclude recklessness as a basis for finding knowledge and intent, nor does it require any deliberate action ' i.e., “active efforts” ' by a defendant. The pattern jury instructions of, at least, the First, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits are also flawed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
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
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
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.
Hyperlinked Documents: The Latest e-Discovery Challenge
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.
Identifying Your Practice's Differentiator
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.
Risks and Ad Fraud Protection In Digital Advertising
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.
Turning Business Development Plans Into Reality
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.