Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b>Decision of Note: </b>Burden on Plaintiff for Contingent Fees
The Court of Appeal of California, Second District, Division Five, found that the trial court didn't err in refusing to shift the burden of proof to defendant NBC Studios in a suit for contingent compensation by the executive producers of the TV series 'The Profiler.' Sanders/Moses Productions Inc. v. NBC Studios Inc., B181928. The loan-out company for Ian Sander and Kim Moses filed suit after three annual accountings stated the executive producers were owed zero contingent compensation from the TV show. The trial court granted summary judgment for NBC on Sander/Moses's claim for breach of fiduciary duty. A jury returned a verdict for NBC on the plaintiff's contract-breach claim. Affirming, the court of appeal explained in the published section of its opinion: 'Here, there is no evidence that the information necessary to calculate the amount of contingent compensation to which Sander/Moses was entitled under the agreement was unavailable. To the contrary, the record shows that Sander/Moses['s accountant] was provided information through the audit process, including information about other programs. ' And Sander/Moses took the position in its opening brief that the amount to which it was entitled was undisputed.'
The Court of Appeal of California, Second District, Division Five, found that the trial court didn't err in refusing to shift the burden of proof to defendant NBC Studios in a suit for contingent compensation by the executive producers of the TV series 'The Profiler.' Sanders/Moses Productions Inc. v. NBC Studios Inc., B181928. The loan-out company for Ian Sander and Kim Moses filed suit after three annual accountings stated the executive producers were owed zero contingent compensation from the TV show. The trial court granted summary judgment for NBC on Sander/Moses's claim for breach of fiduciary duty. A jury returned a verdict for NBC on the plaintiff's contract-breach claim. Affirming, the court of appeal explained in the published section of its opinion: 'Here, there is no evidence that the information necessary to calculate the amount of contingent compensation to which Sander/Moses was entitled under the agreement was unavailable. To the contrary, the record shows that Sander/Moses['s accountant] was provided information through the audit process, including information about other programs. ' And Sander/Moses took the position in its opening brief that the amount to which it was entitled was undisputed.'
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.