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U.S. Supreme Court Favors Arbitration Over CA Agent's Law
The U.S. Supreme Court decided that the Federal Arbitration Act (FAA) overrode the California Talent Agencies Act (TAA) for purposes of sending a dispute between a TV personality and his personal manager to an arbitrator per an arbitration clause in the management contract. Preston v. Ferrer, 06-1463. The California Court of Appeal had ruled in the dispute between TV's 'Judge Alex' Ferrer and manager Arnold Preston that under the TAA, the California Labor Commissioner had original jurisdiction over Preston's claim for management commissions from Ferrer. (Ferrer had argued the management contract was void on the ground that Preston acted as in unlicensed talent agent.)
Reversing and remanding, the U.S. Supreme Court ruled 8-1 for Preston. Associate Justice Ruth Bader Ginsburg noted in her majority opinion: '[W]hen parties agree to arbitrate all questions arising under a contract, state laws lodging primary jurisdiction in another forum, whether judicial or administrative, are superseded by the FAA.'
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.