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Analyzing Novel Issues in Internet Jurisdiction
The ubiquity of the Internet and the ease with which copyrighted material can be widely distributed across boundaries have created novel issues regarding personal jurisdiction. In recent years, accused infringers have challenged the jurisdictional reach of federal courts in disputes over online file-sharing and copyright infringement and raised dynamic legal issues that compel courts to balance the right to seek redress against the principle of judicial fairness. For example, if a party infringes a work produced by a publisher located in one state, but the copying and distribution occurred on computers located in two other states, where did the “infringement” occur for purposes of personal jurisdiction? Moreover, can a copyright holder sue in a single forum hundreds of geographically diverse individuals accused of downloading a copyrighted movie simply because the defendants participated in a single BitTorrent “swarm”?
This article discusses jurisdictional issues involving online copyright infringement, as well as the emerging issues surrounding disputes involving BitTorrent file-sharing technology.
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.
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.
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.