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<b>Decision of Note: </b>Kid Rock Advisers Win Suit Dismissal
The U.S. District Court for the Eastern District of Michigan dismissed claims against Kid Rock's attorney William Horton and manager Edward Andrews by parties who lost two previous suits over contracts Kid Rock had signed early in his career. EB-Bran Productions v. Ritchie, 06-11564.
The U.S. Court of Appeals had decided in the first suit that most of the EB-Bran parties' state-law counterclaims in a declaratory suit by Kid Rock were pre-empted by federal copyright law and that all claims in the case were time-barred. Ritchie v. Williams, 395 F.3d 283 (6th Cir. 2005). The district court later dismissed on claim pre-clusion grounds a suit by EB-Bran against Kid Rock and related parties. EB-Bran Productions Inc. v. Warner Elektra Atlantic Inc., 03-75149. The court also issued Rule 11 sanctions against EB-Bran's lawyers.
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.