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Cameo Clips
Maryland Federal Court Issues Ruling in Dispute over Boxer Roberto Duran's Life Story
The U.S. District Court for the District of Maryland decided that an agreement governed by Maryland law granting boxer Roberto Duran's rights of publicity to his manager could be enforceable, even though Maryland has not recognized such rights. JW & JJ Entertainment v. Sandler, 8:13-cv-01609. Duran entered into a management contract with Mark Sandler in 1995. The agreement in part gave Sandler “the exclusive right worldwide to use the name 'Roberto Duran' or any form thereof and any image or likeness of Duran in any form” and further stated that the boxer “expressly gives to Sandler the rights to Duran's life story.” Sandler later terminated the contract and in 1997 obtained a default judgment for breach of contract against Duran. In 2007, Duran granted “exclusive life story rights” to Compadre LLC, which latter transferred those rights to JW & JJ Entertainment. JW & JJ filed a declaratory suit regarding its rights after Sandler threatened to sue if JW & JJ continued production on a movie about Duran.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."