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'Dora' Litigator Gets Contingency Fees, but Less of Client's Future Earnings
In 2007, the television network Nickelodeon handpicked Caitlin Sanchez, then 12-years-old, to voice the wildly popular cartoon character “Dora the Explorer.” But Sanchez's stint playing a cheery preschooler wound up introducing her into a very adult world of litigation. The partnership soured three years later and Sanchez's parents sued the network, alleging that it forced her into an exploitative labor contract. The focus of the case soon shifted, however, to a dispute between the Sanchezes and their lawyer, John Balestriere of Manhattan's Balestriere Fariello, over allegations that Balestriere forced them into a quick settlement that was nearly as exploitative as the original contract.
District Judge Thomas Griesa of the U.S. District Court for the Southern District of New York recently rejected those claims, approving Balestriere's $193,000 contingency fee and future payments for his role in negotiating the $510,000 settlement in 2010. Sanchez v. MTV Networks, 10 Civ. 7854. The ruling marks the third rejection of the plaintiffs' efforts to undo the deal ' a campaign that's churned through three sets of lawyers. It also caps a two-year-old case that featured some unlikely moments ' such as Viacom's lawyers at Shearman & Sterling describing the ins-and-outs of contemporary toddler television entertainment to an 82-year-old judge.
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.
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.
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.