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Sony BMG Denied Stay of Download Royalties Suit
A magistrate for the U.S. District Court for the Southern District of New York refused to stay a class action suit by BMG recording artists that is seeking 50% of net revenues the record label receives from digital download, ringtone and ringback sales. The Youngbloods v. Sony BMG Music Entertainment Inc., Civ. 2394(GBD)(KNF). Sony BMG moved to stay the suit after it filed its own action in August 2010, in the Northern District of California, against the members of the 1960s folk rock group The Youngbloods. The California complaint asks for rescission of a 1995 agreement between The Youngbloods and BMG on the ground that the artists allegedly made false representations and warranties in the 1995 contract.
In its bid to have The Youngblood's New York action stayed while the California case is litigated, BMG argued that “resolving the merits of rescission before delving [in the New York litigation] into the intricacies of contractual interpretation, the custom and practice of the recording industry, and class certification would spare the parties and the Court from researching, briefing, and deciding complex issues that may be rendered entirely unnecessary by a simple ruling on rescission.”
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.