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Attorney Fees Rulings
Concert-Booking Discrimination Claims. A Manhattan federal district court declined award attorney fees to defendant booking agents and concert promoters who prevailed in a suit by black concert promoters alleging race discrimination in concert bookings. Rowe Entertainment Inc. v. The William Morris Agency Inc., 98 Civ. 8272 (RPP). The defendants had moved, among other things, for attorney fees under 42 U.S.C. Sec. 1988, which permits an award of reasonable attorney fees to a prevailing party in an action under 42 U.S.C. Secs. 1981, 1985 and 1986, all included in the plaintiffs' complaint. Prevailing defendants may be awarded attorney fees under Sec. 1988 in 'frivolous, unreasonable, or groundless' cases. The district court noted in part, however, that while the evidence was insufficient to support the plaintiffs' discrimination claims, '[t]he Court did not find that Plaintiffs did not believe that there was race discrimination in the contemporary music concert business, and the evidence did reveal that, in general, black promoters like Plaintiffs were not retained by white artists utilizing the Booking Agency Defendants. ' [Furthermore,] Plaintiffs and their attorneys, in view of Plaintiffs' limited participation in the concert promoter business, may not have been aware of the promotion of white acts by certain more successful black concert promoters.'
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.