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Cameo Clips
Copyright Infringement/Collateral Estoppel
The creators of a film treatment weren't collaterally estopped by a prior ruling against a writer of the treatment's screenplay from pursuing a copyright infringement claim against the defendants that the screenplay writer had unsuccessfully sued, the U.S. Court of Appeals for the Ninth Circuit decided. Kourtis v. Cameron, 03-56703. Filia and Constantinos Kourtis created the concept for a movie titled “The Minotaur” about a half-human, half, nonhuman character, then hired William Green to write the screenplay. Filmmaker James Cameron considered but passed on the project. Green later sued but lost his case against Cameron for copyright infringement over the film “Terminator II: Judgment Day.” After winning a suit in Australia against Green over copyright ownership of “The Minotaur,” the Kourtises then sued Cameron, his agents and film producer Mario Kassar. The district court dismissed the Kourtises' complaint.
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.