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Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's “ant-SLAPP” statute. California Civil Code '425.16 is aimed at protecting parties against lawsuits filed to suppress involvement in free speech activities. In Makaeff v. Trump University LLC, 715 F.3d 254 (9th Cir. 2013), which allowed an anti-SLAPP motion to proceed, Judge Kozinski nevertheless wrote in a concurrence that the state statute “cuts an ugly gash through” the “integrated program of pre-trial, trial and post-trial procedures” set out in the Federal Rules of Civil Procedure.
The anti-SLAPP law may be used to strike state, but not federal, law claims. However, it is frequently used in California state and federal courts, both of which continue to interpret how the statute's provisions should be applied.
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.