Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Clause & Effect <b>Film-Option Agreements/Theatrical Release.
The U.S. Court of Appeals for the Ninth Circuit found a genuine issue of material fact existed as to whether a film-option agreement required a film to be released initially in theaters. LaHaye v. Goodneuz Group LLC, 04-55839. Rev. Tim LaHaye, co-author of the Christian-book series 'Left Behind,' had filed suit against a production company over a film based on one of the books. The appeals court first found in its unpublished opinion that there was a genuine issue of material fact as to whether the defendants breached the option contract by refusing to negotiate a long-form agreement. According to the court: 'Neither the language of the contract, nor the circumstances under which the parties contracted, illuminates the conditions under which a long-form agreement would be 'needed.”
The appeals court then noted: 'The terms of the [option] contract suggest an implicit obligation to release the film theatrically. To the extent that [the option contract], which prescribes the consideration the producers must pay for each type of production, contemplates production of a film, it expressly and exclusively prescribes consideration for a 'theatrical motion picture' ' not for any other kind of motion picture. Further, [the option contract] provides that the purchase price set forth ' pertains to a 'theatrical motion picture.”
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.