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Counsel Concerns
Malpractice Claim/Mandatory Abstention. The U.S. District Court for the Northern District of New York found it had subject-matter jurisdiction over a legal-malpractice suit by the purveyor of the Aimster file-sharing software. But the court dismissed the malpractice action, citing mandatory abstention. Deep v. Boies, 1:05-CV-1187 (FJS/RFT).
Aimster-owner John Deep had filed for bankruptcy after he was sued for copyright-infringement by music-industry companies. Deep later sued his original infringement-defense counsel ' David Boies and the firms Boies, Schiller & Flexner LLP and Straus & Boies LL P' alleging sham transactions intended to misappropriate Deeps' assets and billings for legal services never rendered. The causes of action included malpractice, breach of fiduciary duty, conspiracy, fraud, unjust enrichment and conversion.
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.