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Artist Consultant/Unfair-Competition Claim
The California Court of Appeal granted an anti-SLAPP motion by long-time artist-rights consultant Thomas A. White to strike an unfair-competition suit filed against him by a law firm in the state. Gray & Associates P.C. v. White, B194898. White's stationery describes him as 'Consultant, Record and Music Pub-lishing Industries, Creative, Business and Legal Aspects.' The anti-SLAPP statute, Calif. Civ. Code Proc. Sec. 425.16, allows a party to strike a lawsuit that arises from the exercise of free speech. White, who isn't a lawyer, claimed exercise of free speech in speaking at entertainment-industry seminars. The court of appeal noted in its unpublished opinion: 'Indeed the majority of the allegations in Gray's complaint relate to White's speech in public forums on the issue of artists' intellectual property rights. ' Gray introduced no evidence to show that White furnishes advice to his clients or to the participants in seminars on subjects involving 'difficult or doubtful legal questions' whose resolution 'demand[s] the application of a trained legal mind.' Gray offered no testimony from any of White's clients describing advice they received from White. It offered no transcripts or notes from any of White's seminars reflecting the type of advice he gave there. And, it
failed to present testimony from any seminar participant who was led to believe by White's statements that he was licensed to practice law.'
Insurance/Intra-Band Litigation
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.
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.
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.