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Decision of Note: <B>Defamation Claim Reinstated Over 'Hardball' Film</B>
The U.S. Court of Appeals for the Seventh Circuit has reinstated a lawsuit alleging that a youth-baseball coach may have been defamed by the movie 'Hardball.' Muzikowski v. Paramount Pictures Corp., 10-4314.
Plaintiff Robert Muzikowski was a securities broker and insurance salesman who became involved in coaching inner-city Little League Baseball. Outside magazine editor Daniel Coyle wrote the book 'Hardball: A Season in the Projects' after he became involved in Little League coaching. Muzikowski was mentioned several times in Coyle's book. Paramount Pictures later produced a movie based on the book but made no mention of Muzikowski by name or of Little League Baseball. The film included a disclaimer that stated: 'While this motion picture is in part inspired by actual events, persons and organizations, this is a fictitious story and no actual persons, events or organizations have been portrayed.'
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.
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.