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Decision of Note: Mexican TV Co. Can Proceed in Florida Fed Court
The U.S. Court of Appeals for the Eleventh Circuit decided that a Florida federal district court, rather than a Mexican court, should hear a suit by one Spanish-language broadcaster against another for tortious interference with a soap-opera actor's contract. (Mexican law doesn't recognize a tortious-interference claim.) Grupo Televisa S.A. v. Telemundo Communications Group Inc., 05-16659. Mexican-based Grupo Televisa filed suit in Florida federal court after Hialeah, FL-based Telemundo signed an agreement with actor Juan Mauricio Islas Ilescas ('Islas'), whom Grupo Televisa had under exclusive contract. Grupo Televisa's agreement with the actor stated that any disputes were to be decided under Mexican law.
The appeals court explained: 'While the facts do indicate that the defendants held one meeting with Islas' agent in Mexico, they held four such meetings with Islas and/or his representatives in Miami ' [including] the meeting where Islas and the defendants entered into an exclusivity agreement; thereby, breaching Islas' pre-existing exclusivity agreement with the plaintiffs ' Thus, the Florida contacts are both numerically and qualitatively more significant when it comes to determining the 'principal location of the defendant's conduct.” The appeals court added that
'the terms of the underlying [Grupo Televisa/Islas] contract and the parties' expectations should have little bearing on the law that governs third party interference in that contract.'
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.