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Cameo Clips
Attorney Fees/Right of Publicity, Trademarks
In a suit over a fundraiser that used the name and image of musician Jim Hendrix, the U.S. District Court for the Western District of Washington awarded the defendants a reduced attorney fees and costs under Washington's right-of-publicity law, and no attorney fees for defending against a federal Lanham Act claim. Experience Hendrix LLC v. The James Marshall Hendrix Foundation, C03-3462Z. A 1996 lawsuit settlement between Jimi Hendrix's father Al ' the heir to Jimi's estate ' and Jimi's brother Leon stated “Leon will not … exploit or attempt to exploit Jimi Hendrix's name, image or likeness on merchandise of any kind, without a written license from [the estate's] Authentic [Hendrix].” Leon later incorporated the non-profit James Marshall Hendrix Foundation. In November 2003, the foundation held a fundraising event that was announced without the estate's knowledge. When the estate filed suit, the court granted the defendants' motion for summary judgment on the estate's right-of-publicity claim and later granted voluntary dismissal of the trademark claims.
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.