Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Bit Parts
California Federal Court Decides It Lacks Diversity Jurisdiction over Company that Garth Brooks Started in Tennessee
The U.S. District Court for the Central District of California decided it lacked diversity jurisdiction over a suit filed by the former general manager of Red Strokes Entertainment, a production company Garth Brooks owned. Sanderson v. Brooks, CV13-03497. Red Strokes, which was incorporated in Tennessee, closed in 2011. After Lisa Sanderson, who worked for Red Strokes primarily from Los Angeles, sued in Los Angeles Superior Court alleging Red Strokes owed payments to her, Brooks had the case removed to federal court. (In a related suit by Brooks and Red Strokes against Sanderson in the Middle District of Tennessee, the Nashville federal court decided it has diversity jurisdiction. Red Strokes Entertainment Inc. v. Sanderson, 3:12-cv-0008.) California federal District Judge Otis D. Wright noted that “a 'last principal place of business' approach is the best determination of an inactive corporation's citizenship. Because Red Strokes's last principal place of business while it was active was in California, complete diversity is lacking between Red Strokes and Sanderson.” The district judge added: “Brooks alleges that because he lived in Nashville from 1994 to 2000, Red Strokes's business decisions were made in Nashville. But this assertion is limited until 2000.” Judge Wright thus sent Sanderson's suit back to Los Angeles County Superior Court.
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.