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Royalty Audit Law Takes Effect In California
On January 1, 2005, the Recording Industry Accounting Practices Act took effect in California. (See Title 10, commencing with Section 2500, of Part 4 of Division 3 of the California Civil Code.) The law, which was proposed by California State Legislator Kevin Murray (D-Culver City), gives artists minimum statutory audit rights that override several of the disputed audit provisions of standard recording agreements.
The legislative intent of the measure was to “authorize a royalty recipient under a contract for the production of sound recordings, notwithstanding any provision of the contract, to audit the books and records of a royalty reporting party … to determine if the royalty recipient has earned all of the royalties due pursuant to the contract.” The legislature also found, “This act is important public policy and establishes minimum audit procedures that apply to all royalty contracts in the recording industry.”
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.
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.
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.