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Right of Publicity Decisions
Right of Publicity/Statute of Limitations
The U.S. District Court for the District of Oregon decided that a right-of-publicity claim over use of the plaintiff's photo in a book was barred by Oregon's 2-year statute of limitations for such claims. Johnson v. Harper/Collins, 06-3036-AA. Pro se plaintiff Donald Johnson filed suit over publication of a photo of him on a high school baseball team that appeared in the Ricky Henderson autobiography 'Off Base: Confessions of a Thief.' The book was published in June 1994. The district court noted: 'Even if the court allows that plaintiff did not learn of the book's publication until March 5, 2004, when plaintiff wrote to defendant indicating that he was aware of the photograph at issue in the book ' plaintiff filed his claim in this case on May 30, 2006, more than 2 years after he discovered the publication of the book and the photograph at issue.'
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.