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Declaratory Copyright Complaint Can Be Amended After Plaintiff Film Company Secures Financing
The U.S. District Court for the Southern District of New York allowed a film company to amend a declaratory action for copyright non-infringement, after the company secured financing for its production. Effie Film LLC (EFL) v. Murphy, 11 Civ. 783. EFL sought a declaratory ruling that actress/screenwriter Emma Thompson's screenplay Effie ' about a love triangle among historical art figures John Ruskin, Euphemia (Effie) Gray and John Everett Millais ' didn't infringe on Gregory Murphy's screenplay and playscript The Countess. Murphy moved to dismiss on the ground that the court lacked subject matter jurisdiction because the film hadn't yet been produced. But after production of the film was completed, EFL moved to amend its complaint to reflect that. District Judge Thomas P. Griesa noted: “There is no indication that EFL acted in bad faith in pursuing this amendment. Rather, EFL reasonably seeks to update its complaint to reflect recent significant factual developments in an effort to cure what Murphy claims are jurisdictional defects. The court also is not persuaded that Murphy would be prejudiced by allowing EFL to amend its complaint. There has been no discovery in this case and Murphy may, of course, file any appropriate motions attacking the jurisdictional basis or merits of EFL's amended complaint.”
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.