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Cameo Clips
Management Agreements/Unconscionability
A 1989 management agreement between musician Trent Reznor and his manager John Malm wasn't unconscionable, a Manhattan federal district court decided. Reznor v. J. Artist Management Inc., 04 Civ. 3808. Malm, who was a part-time music promoter in Cleveland, where Reznor's career was launched, began managing Reznor in the 1980s. After Reznor's group, Nine Inch Nails, signed a recording contract with TVT, Malm retained attorney Michael Toorock, who he had hired to represent Reznor's interest in the recording contract negotiations, to prepare a written management agreement. Toorock then used a management agreement for another client to which he added material terms supplied by Malm, including a 5-year term and commission rate, so that Malm and Reznor “could see what a management agreement looked like” (though Toorock claimed he didn't intend to represent either party as negotiations progressed). Reznor subsequently signed the agreement when Malm presented it to him.
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.