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Cameo Clips
Claims Over Concepts/
Copyright Preemption
The Copyright Act preempted claims alleging conversion and unjust enrichment over use of the plaintiff's concepts for fashion design and a television show, the U.S. District Court for the Southern District of New York held. Stewart v. World Wrestling Federation Entertainment Inc. (WWE), O3 CV 2468 (RLC). But the court concluded that the plaintiff could proceed with his claims for misappropriation, breach of confidential relationship and breach of implied contract. Fashion designer Calvin Stewart alleged that he had a series of discussions with the defendants regarding his ideas for new lingerie fashions bearing the WWE logo as well as his concept for a fashion video. Stewart filed suit after the defendants ended the discussions, aired the cable show “WWE Divas Lingerie” and allegedly began using the lingerie concepts in their New York City restaurant. In line with the established view in the Second Circuit, the federal appellate jurisdiction within which the Southern District resides, the Manhattan federal district court determined that the unjust enrichment claim wasn't qualitatively different from a copyright infringement claim because it alleged that the defendants had gained from use of Stewart's materials without his permission. The district court found the same for Stewart's conversion claim.
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.