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Counsel Concerns
Malicious Prosecution/Anti-SLAPP Motion
The Court of Appeal of California, Second Appellate District, Division Seven, upheld the denial of an attorney's motion to strike a malicious prosecution action filed against him by a company claiming, like the attorney's client, to own the right to sue entertainer Michael Jackson for failure to appear at a concert for the “Jackson Family Honors” TV show. Smith-Hemion Productions Inc. v. Segura, B171299. Jacob Segura had served as counsel to Asset Recovery Co. (ARC), which claimed it purchased at a New Jersey sheriff's sale the right of Joseph Iny to sue entertainer Michael Jackson over Jackson's failure to appear at an Atlantic City concert for “Jackson Family Honors.” (Iny had loaned money to Jackson Communications Inc.) Segura filed suit on behalf of ARC against Jackson and against Smith-Hemion Productions, the show's producer, which also claimed to own the right to sue Jackson. The Los Angeles Superior Court sustained Smith-Hemion's demurrer to ARC's complaint. The Court of Appeal then ruled that ARC lacked standing to sue Smith-Hemion because a New Jersey court had found that Iny wasn't a secured creditor of JCI. In any case, the court of appeal noted that ARC's suit was time-barred because it had been filed after California's 4-year statute of limitations for breach of Jackson's concert-appearance contract had expired.
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.