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Complaint over Oral Agreement for TV-Network Work Is Dismissed
The U.S. District Court for the Southern District of New York dismissed a suit against George Steinbrenner that alleged the New York Yankees owner failed to live up to an oral agreement regarding the role of plaintiff Robert M. Gutkowski, former Madison Square Garden president, in the creation and operation of the televised Yankees Entertainment and Sports Network. Gutkowski v. Steinbrenner, 09 Civ. 7535(RJS). Gutkowski had met with Steinbrenner and other New York Yankees executives over several years. But District Judge Richard J. Sullivan found: “First, Plaintiff fails to plead adequately the compensation term of the putative agreement, which precludes Plaintiff from asserting his claim for breach of contract. Second, the purported oral agreement is unenforceable under New York's statute of frauds, which bars Plaintiff's breach of contract and quasi-contract claims. Third, Plaintiff's claim for fraudulent inducement fails to state a cause of action independent from Plaintiff's breach of contract claim. Fourth, all of Plaintiff's claims are untimely pursuant to New York's statute of limitations.” On the breach-of-contract claim, District Judge Sullivan specifically noted “that Plaintiff's allegations that Defendant promised that Plaintiff would be 'compensated fairly' or 'fairly compensated,' in conjunction with the allegation that 'one measure' to calculate this 'fair and reasonable value' is a two to three percent equity interest 'traditionally paid to persons providing the kind of services provided by Plaintiff to Defendant,' are insufficiently definite as a matter of law.” The district also further explained: “An unwritten agreement 'to pay compensation for services rendered ' in negotiating the purchase [of] ' a business opportunity ' or an interest therein' is void under New York's statute of frauds [N.Y. Gen. Oblig. L. '5-701(a)(10)].”
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 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.
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.
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.
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.