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O'Melveny & Myers scored a big win for Warner Brothers Entertainment Inc. in January 2013 in the company's ugly copyright battle with the heirs to the creators of Superman. The U.S. Court of Appeals for the Ninth Circuit decided that the heirs of now-deceased Superman co-creator Jerry Siegel signed away their rights to the Man of Steel in a 2001 agreement with Warner Brothers. Larson v. Warner Bros. Entertainment Inc., 11-55863.
The Siegel family, represented by controversial Hollywood attorney Marc Toberoff, had argued that the 2001 deal wasn't binding. The Ninth Circuit rejected that argument, noting that Siegel's lawyer at the time called the agreement a “monumental accord.”
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 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.
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.
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.
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.