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Marilyn Monroe's Right of Publicity Not Descendible
The U.S. Court of Appeals for the Ninth Circuit ruled that the heirs to Marilyn Monroe's estate did not inherit the rights to her publicity because she was a resident of New York, where such rights are not recognized posthumously. Calling the dispute a “textbook case for applying judicial estoppel,” the Ninth Circuit found that the estate's heirs could not claim that Monroe was a resident of California when she died in 1962, because they had maintained for decades in other court proceedings that she had lived in New York, where the right of publicity is not descendible. Milton H. Green Archives Inc. v. Marilyn Monroe LLC, 08-56471.
“Monroe's representatives took one position on Monroe's domicile at death for 40 years, and then changed their position when it was to their great financial advantage; an advantage they secured years after Monroe's death by convincing the California Legislature to create rights that did not exist when Monroe died,” Circuit Judge Kim McLane Wardlaw wrote. “Marilyn Monroe is often quoted as saying, 'If you're going to be two-faced, at least make one of them pretty.' There is nothing pretty in Monroe LLC's about face on the issue of domicile.”
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.