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Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups
It can be a game of whack-a-mole for parties who have legal rights in names of music groups that have carved out lasting legacies: unauthorized versions of the music group popping up to perform concerts. Unauthorized acts may also establish rogue websites, and sell merchandise and new recordings in the original group's name.
When lawsuits are filed to stop such activities, the claims often include trademark infringement, false designation of origin, unfair competition and cybersquatting. In addition, since 2004 more than half of U.S. states have enacted "Truth in Music Advertising" laws to prevent false, deceptive or misleading affiliations between a recording group and a performing group.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."