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Litigation
NY Panel Rejects Perelman Bid to Avoid Paying Film Obligation
A New York appellate court ruled that billionaire Ronald Perelman must pay $4.3 million to a film company he formed with his ex-wife, Ellen Barkin, despite Mr. Perelman's claim that the actress' breach of the couple's separation agreement relieved him of his financial obligations to the company. In a unanimous ruling, the Appellate Division, First Department, rejected Mr. Perelman's argument that Ms. Barkin's alleged violation of a provision in the couple's separation agreement concerning a 'Get,' or Jewish divorce, relieved him of his obligations to invest in Applehead Pictures LLC. Applehead Pictures LLC v. Perelman, 3193.
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.