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Decision of Note: <b>Talk Show Not Liable For Assault</b>
The Supreme Court of New York, Appellate Division, First Department, held that a television talk show didn't owe a duty to a minor who claimed that she was sexually assaulted when she had traveled to New York to appear on a segment of the program. Craver v. Povich, 3331.
Finding no negligence by “The Maury Povich Show,” the appellate court noted in dismissing the complaint, “plaintiff concedes not only that she was no longer in defendants' custody at the time of the alleged assault [by an individual who claimed he was 'Maury's Limo Driver'], the taping having ended hours earlier, but that her mother and her legal guardian had resumed control over her and were supervising her, in their hotel room, at the time the driver initially made his attempt to contact plaintiff, and when plaintiff later absconded from her guardians. … Yet, plaintiff argues that defendants, who were not in the hotel room and, in fact, had no discernible right to be there, had the duty to prevent her from 'sneaking' away with an unidentified third party. … The expanded orbit of duty urged by plaintiff would have required defendants to not only return her safely to her guardians, but to then continue to monitor the adequacy of the supervision provided by her guardians and, perhaps, to provide round-the-clock surveillance.”
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.