Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Bit Parts
Band-Name Disputes/Claim Preclusion
The U.S. Court of Appeals for the Ninth Circuit held that a breach-of-fiduciary-duty suit in California state court by Al Jardine ' an original Beach Boys member and a director of the band's Brother Records Inc. (BRI) ' against BRI can proceed despite a related federal court ruling against Jardine over use of “The Beach Boys” trademark. Brother Records Inc. v. Jardine, 04-55096. The California Court of Appeal had decided that the federal ruling didn't present a res-judicata bar to Jardine's state suit. The federal appeals court noted: “Jardine's breach of fiduciary duty claim does not threaten the district court's continuing jurisdiction to enforce the injunction, which prohibits Jardine from using the Beach Boys trademark. Even if there was some question about the possibility of interference with the injunction, 'any doubts as to the propriety of a federal injunction against state court proceedings should be resolved in favor of permitting the state courts to … finally determine the controversy.'”
Contractual Wrong-doing/Statute of Limitations
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.