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Suit over Cancelled M'tley Cre Show to Move Forward
The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert. Vigo v. Gabe Reed Productions, 3:11-CV-2044-G. In Dec. 2010 and Jan. 2011, Ariel Vigo allegedly negotiated an oral agreement with Dallas-based promoter Gabe Reed for a Spring 2011 M'tley Cre show to be performed in Buenos Aires. Vigo claims he promised he would pay a $300,000 guarantee and a percentage of net revenues, but the show didn't take place. The Argentinian promoter sued Reed for breach of oral contract, fraud, negligent misrepresentation and unjust enrichment.
Denying Reed's motion to dismiss any of Vigo's causes of action, Senior District Judge A. Joe Fish noted: “Vigo has pled a breach of contract claim against Reed. First, he has pled that there was an oral contract, made by e-mail and in person discussions throughout December 2010 and January 2011. Second, Vigo has pled performance by stating that he sent Reed a $150,000 deposit. Third, Vigo has pled that Reed breached the oral contract by not getting Motley Crue to perform for Vigo in Buenos Aires. Finally, Vigo has pled that he sustained damages, consisting of the unreturned deposit and lost profits.”
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.