2257
The Child Protection and Obscenity Enforcement Act of 1988 is a United States Act of Congress and part of the United States code, which places stringent record-keeping requirements on the producers of actual sexually explicit materials. The guidelines for enforcing these laws (commonly known as 2257 Regulations) requires producers of sexually explicit material to obtain proof of age for every model they shoot, and retain those records. Federal inspectors may at any time launch inspections of these records and prosecute any infraction.

While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity that "does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted," the Department of Justice (DOJ) defined an entirely new class of producers known as "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material.

The regulations define the terms "primary producer" and "secondary producer". A primary producer is defined in the set of rules as any person who actually films, videotapes, or photographs a visual depiction of actual sexually explicit conduct. A "secondary producer" is defined as any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, or other matter intended for commercial distribution that contains a visual depiction of actual sexually explicit conduct. Different record-keeping requirements exist for primary versus secondary producers. One may be both a primary and a secondary producer.

The regulations also spell out requirements for the maintenance, categorization, location, and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them.

Our firm is current on the latest legal developments of 2257 and in addition to being able to defend you in a 2257 related enforcement action, we can review your product or site and make suggestions and recommendations to be fully compliant with the recently updated regulations.

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Obscenity – First Amendment, Content Evaluation
The United States has constitutional protection for freedom of speech, which is not interpreted to protect every utterance. The United States Supreme Court has found that, when used in the context of the First Amendment, the word "obscenity" is usually limited to content that directly refers to explicit sexual acts that are publicly accessible, though it has at times encompassed other subject matters, such as spoken and written language that can be publicly transmitted and received by the general public.

The legal term of obscenity is usually denoted to classify a distinction between socially permitted material and discussions that the public can access versus those that should be denied. There does exist a classification of those acceptable materials and discussions that the public should be allowed to engage in, and the access to that same permitted material—which in the areas of sexual materials ranges between the permitted areas of erotic art (which usually includes "classic nude forms" such as Michelangelo's David statue) and the generally less respected commercial pornography. The legal distinction between artistic nudity, and permitted commercial pornography (which includes sexual penetration) that are deemed as "protected forms of speech" versus "obscene acts", which are illegal acts and separate from those permitted areas, are usually separated by the predominant culture appreciation regarding such. However, no such specific objective distinction exists outside of legal decisions in federal court cases where a specific action is deemed to fit the classification of obscene and thus illegal. The difference between erotic art and (protected) commercial pornography, vs. that which is legally obscene (and thus not covered by 1st Amendment protection), appears to be subjective to the local federal districts inside the United States and the local moral standards at the time.

Federal obscenity law in the U.S. is highly unusual in that—not only is there no uniform national standard, but rather, there is an explicit legal precedent (the "Miller test") that all but guarantees that something that is legally "obscene" in one jurisdiction may not be in another. In effect, the First Amendment protections of free speech vary by location within the U.S., and over time. With the advent of Internet distribution of potentially obscene material, this question of jurisdiction and "community standards" has created significant controversy in the legal community.

Even at the federal level, there does NOT exist a specific listing of which exact acts are to be classified as "obscene" outside of the legally determined court cases.

Our firm has significant experience in evaluating Free Speech issues and is devoted to protecting free speech and preventing censorship of controversial communications in all forms. Our firm is prepared to evaluate your materials and answer all of the questions that may have. Many of our clients utilize our services to perform a legal analysis of controversial and/or mainstream content prior to distribution. Our attorneys are available to review online or traditional content for compliance with legal regulations such as obscenity, harmful materials laws, records keeping concerns, copyright, trademark and other legal issues.

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DMCA – Copyright, Trademark
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as Digital Rights Management or DRM) that control access to copyrighted works and it also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the U.S. Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.

DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.

Protection of our clients’ intellectual property rights is one of our foremost obligations. Whether you are an ISP, host, content producer, or website owner, copyright and trademark theft are rampant in the adult industry given technological advancements allowing electronic content to be misappropriated with ease. We aggressively pursue copyright and trademark infringement claims on behalf of traditional and new media clients. We also assist in perfecting your copyright and submitting applications for trademark protection with governmental entities. Additionally, our firm will vigorously defend any frivolous claim brought against you and utilize all of the defenses made available by the most recent laws.

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Business – Corporate Practice, Contracts
Our attorneys have assisted in the creation and growth of some of the largest corporations in the country. We have also helped entrepreneurs and small businesses build a sound foundation for long-term success, recognizing that the goals of closely-held businesses typically differ greatly from publicly-held corporations. Many of our corporate relationships are more than a decade old testimony to both the skill and the deep commitment of our attorneys to the welfare of their client's enterprise.

Corporate Formation and Governance Our attorneys have a long, successful record of assisting clients in the formation, restructuring, and, if necessary, the orderly dissolution of corporations. This experience includes preparation of the necessary Articles of Incorporation, Bylaws, corporate records and other filings, as well as negotiating and drafting corporate contracts, providing advice regarding dividend policies and extraordinary corporate transactions. Partnerships, Joint Ventures and Limited Liability Companies Our attorneys have extensive experience in non-corporate enterprises: partnerships, limited partnerships and limited liability organizations. Their work includes counsel in the formation and start-up of these ventures and extends to other dimensions of the entity's life cycle: new partners, withdrawal or removal of partners, and restructuring.

Domain Name Disputes
Our attorneys are available to represent your interests in connection with disputes over the use and registration of domain names on the World Wide Web. Whether providing representation in an ICANN proceeding, administrative action, or in court, our attorneys have the knowledge and experience to provide superior representation in connection with your domain name.

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Criminal Defense
Since the beginning of his career, Corey Silverstein has been defending clients against criminal charges premised upon controversial entertainment. In addition to our general criminal defense practice, Mr. Silverstein represents individuals inside and outside the adult industry on a variety of white collar criminal charges including obscenity, racketeering, and money laundering. Mr. Silverstein is always ready and able to zealously defend clients in the unfortunate event of a criminal charge, indictment or investigation.

Problem Avoidance This includes a wide range of activities, from counseling concerning "preventive maintenance", to limiting the scope of an investigation through negotiations with the U.S. Attorney or prosecutor. Often the most effective representation is that which results in the matter not reaching the stage of a criminal charge, indictment or grand jury investigation. Responses to Investigative Problems Upon receiving a request for an interview from a law enforcement agent, a subpoena to appear at a hearing or to produce business records or other documents, or an arrest warrant, our office, through investigation and negotiation, is often able to narrow the investigative process, reduce the proposed or contemplated charges, and/or convince the prosecutor not to bring a charge. Responses to Invasive Criminal Procedures An arrest, the execution of an arrest or search warrant, or service of a Grand Jury Indictment are frightening and invasive experiences to persons not accustomed to dealing with criminal enforcement authorities. Our prompt response and advice can make this process more understandable. We have vast experience in matters of bond and release pending trial, which are critical to secure freedom pending court appearances. Additionally, we advise and can provide support to clients with respect to minimizing collateral damage to reputations and business interests.

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Commercial & Business Litigation
The firm handles complex and routine commercial and business litigation, including shareholder disputes, real estate matters, securities, distribution, franchise, employment and contract disputes and intellectual property matters. We often, upon request, act as local counsel on behalf of out state law firms litigating in the federal and state courts.


Business Technology
We have built a strong reputation in the technology world by working closely with high-tech companies from inception through various stages of growth. We will structure the client’s contractual relationships with distributors and licensees to insure that the client’s intellectual property rights to know-how, ideas and technology are protected. Our litigation team prosecutes our clients’ right to protection of technology in state or federal court. Our services include drafting of software licenses and development contracts, preparation of domestic and international hardware and software distribution agreements, protection of copyrights, patient and trade secrets and development of Internet product distribution contracts. We have successfully assisted in development of technology joint ventures, e-commerce startups, as well as the purchase and sale of software companies.

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Collection Matters
We are experienced in representing clients in the prosecution and defense of civil commercial cases in the state and federal courts. Our attorneys serve as trial counsel in commercial disputes involving contracts, employment law matters, insurance claims, intellectual property, business torts including non-competition, real estate, construction, defamation actions, anti-trust issues and bad debt collection. We are frequently requested by our clients to assist them in either initiating or defending collection actions in these fields.


Family Law
We provide counsel in family law issues ranging from the inception of the marital relationship through divorce and post divorce controversies, including, the preparation of pre -nuptial agreements, divorce, child custody disputes, child support and parenting time disputes, spousal support (alimony), the division of retirement benefits (QDROís and EDROís), modification of judgment and other post-judgment relief, paternity actions, and personal protection orders.

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Personal Injury
Our clients rely upon us when they have a problem or sustain an injury. We have a network established of the finest personal injury attorneys, specializing in medical malpractice, automobile accidents, products liability, and all phases of personal injury.


Employment Law & Employee Benefits
The Firm has extensive experience in advising and representing business entities with respect to all facets of state and federal employment law, civil rights law, including the Fair Labor Standards Act (FLSA), Title VII, the Michigan Elliott-Larson Act, the Family and Medical Leave Act (FMLA), American with Disabilities Act (ADEA), Age Discrimination Act (ADA), OSHA, and MI-OSHA. In addition to employment contract negotiation, drafting, and litigation, we also advise our clients with respect to sexual harassment and age discrimination investigations and advice, non-competition and confidentiality agreements, preparation of employee manuals, employment application forms and employment policies, as well as assistance in preparation of affirmation action plans in employment. We routinely provide counsel in employee benefit, executive compensation, and ERISA matters. Our broad capabilities and solid experience allow us to create workable plans and provide implementation strategies. We prosecute and defend employers in disputes arising out of employee benefits, executive compensation, or other ERISA issues.


Other Practice Areas
The above-listed practice areas are not intended to be an exhaustive list. If you have a legal matter falling outside these practice areas, please feel free to contact us for a consultation. Given our worldwide reputation, and contacts with attorneys across the world, we can likely assist you or locate competent counsel for your legal matter if it falls outside our routine practice areas.

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