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<b><i>Decision of Note:</i></b> FL Federal Court Has Jurisdiction Over TN Manager
The U.S. Court of Appeals for the Eleventh Circuit decided that a federal district court in Florida had personal jurisdiction over a Tennessee-based personal manager who used the indicia of a Florida musician on his Web site. Licciardello v. Lovelady, 07-14086.
Rendy Lovelady managed Christian music artist Carman Licciardello from 2000 to 2001. The Florida-based Licciardello filed suit in the Middle District of Florida, alleging that in 2006 Lovelady set up a Web site to promote his personal management business by including Licciardello's photograph and trademarked name. The district court dismissed the Lanham Act suit on the ground that Florida's long-arm statute didn't give the court personal jurisdiction over Lovelady.
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.