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The corporate scandals of the past decade generated sensational headlines and demands for dramatic corporate-governance reform. In response, the government initiated a tidal wave of legislative reform and shareholders went on the march. Their new battle cry was 'corporate responsibility.'
Historically, recording artists have not paid too much attention to the corporate boardroom, except for those few artists owning their own label or working as a major-label executive. Disgruntled artists traditionally opted for filing lawsuits against their record labels claiming, among other things, underpayment of royalties, breach of fiduciary duty or outright fraud. Corporate governance was simply not on their radar.
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.