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Counsel Concerns
The New York Supreme Court, New York County, ruled that the statute of frauds did not bar a lawyer's claim for payment commissions for representing a TV personality under an oral retainer agreement to negotiate future-season TV episodes work. Kastner v. MacLean, 100379/2011. New Jersey attorney Drew Kastner sought a 15% commission from New York-based personality Malcolm MacLean. In defense, MacLean and his companies raised N.Y. Gen. Oblig. Law (GOL) '5-701, which in part prohibits enforcing agreements that can't be performed within one year. But County Supreme Court Justice Lucy Billings noted in an unpublished opinion: “While the statute of frauds would bar plaintiff's claims seeking compensation for negotiating a business opportunity, as the statute of frauds applies to implied or express contracts, ' GOL '5-701(a)(10) specifically exempts from its application 'a contract implied in fact or in law ' to pay compensation to ' an attorney at law.'” Meanwhile, Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee, Nashville Division, has permitted attorney Chad Etheridge to intervene in litigation in which plaintiff James Martinez sued country artist Tim McGraw and others for song copyright infringement. Etheridge charges that Martinez hired him as counsel but then fired the lawyer without cause. Judge Campbell further decided, however, that resolution of Etheridge's claims against Martinez for breach of contract and related causes of action must be stayed “until the underlying litigation is completed.” Martinez v. McGraw, 3-08-0738.
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.