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Counsel Concerns
Client's RICO Claim Against Lawyer Is Dismissed
A federal magistrate for the U.S. District Court for the Northern District of Illinois decided that a radio talk show host failed to state a claim against his former lawyer under the federal Racketeer Influenced and Corrupt Organization Act (RICO). Meier v. Musburger, 08 C 216. Popular Chicago radio personality Garry Meier and attorney Todd W. Musburger had a falling out over the handling of Meier's contract renewal talks with WLS-AM in Chicago. A state court jury found for Musburger in the lawyer's suit for fees for his representation of Meier in the renegotiation. While that case was on appeal, Meier sued Musburger and Musburger's son, a non-lawyer, in federal court. According to Meier's complaint, Musburger for many years acted as “agent and exclusive legal representative for the negotiating and drafting of [Meier's] agreements in the entertainment fields of radio and television, in exchange for a fee of five percent (5%) of the gross amount of any employment compensation and income payable to [Meier] under each such agreement.”
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.
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.
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.