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Articles by Brittany Benavidez
DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation Programs | JD Supra
The U.S. Department of Justice (DOJ) on March 3, 2023, unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs (ECCP) regarding corporate compensation incentives and clawbacks. These updates build on and clarify Deputy Attorney General (DAG) Lisa Monaco’s policy announcements from September 2022 regarding corporate criminal enforcement.
SEC v. Team Resources, Inc.: Exploring SEC Disgorgement Post-Liu
Recent briefing in SEC v. Team Resources, Inc., a long-running case challenging a U.S. Securities and Exchange Commission (“SEC”) disgorgement award, is a reminder of both the significance of the Supreme Court’s 2020 decision in Liu v. SEC and the open questions that remain regarding the SEC’s disgorgement remedy. The Case: Pre-Liu In 2015, the SEC filed a complaint against two California oil-and-gas companies, Team Resources, Inc.
First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied
Tuesday, March 31, 2020 On March 13, 2020, the U.S. Court of Appeals for the First Circuit, in a case of first impression, held that a copyright licensee given the unrestricted right to grant sublicenses may do so without using express language. The case, Photographic Illustrators Corp. v. Orgill, Inc., stems from a license Photographic Illustrators Corp. (“PIC”), a provider of commercial photography services, granted to Osram Sylvania, Inc.
First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied
On March 13, 2020, the U.S. Court of Appeals for the First Circuit, in a case of first impression, held that a copyright licensee given the unrestricted right to grant sublicenses may do so without using express language. The case, Photographic Illustrators Corp. v. Orgill, Inc., stems from a license Photographic Illustrators Corp. (“PIC”), a provider of commercial photography services, granted to Osram Sylvania, Inc.
Hide and Seek: Plaintiff Permitted to Subpoena Internet Service Provider to Identify Alleged Infringers
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New York Court of Appeals Clarifies What May Constitute a Binding Agreement in the Sale of Syndicated Loans
A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is “subject to” the execution of a mutually acceptable, written agreement. The ruling overturns a New York Appellate Court decision that would have permitted parties to change their minds after agreeing to trades during a competitive online auction.
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