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<b>Decision of Note</b> Film Payments Don't Toll Lawsuit Limitations Period
In its first ruling on the issue, the Court of Appeal of Florida decided that film distribution payments didn't fall under the state's “continuing tort” doctrine for purposes of extending the statute of limitations in a lawsuit alleging tortious interference with business relationship. Effs v. Sony Pictures Home Entertainment Inc., 3D15-1139.
Richard Effs and “Cess” Silvera created Access Pictures to produce the movie Shotttas . In 2005, Silvera gave Sony Pictures an exclusive distribution license for the film. Effs sued Sony in Miami-Dade County Circuit Court in 2012. The trial court determined that Effs' claim, that Sony had interfered with Epps' business relationship with Silvera, was barred under the four-year statute of limitations in Fla. Stat. '95.11(3)(o). The lower court found that Epps' claim accrued on Oct. 30, 2005 ' when Sony Pictures was obligated to make its first payment under the distribution license ' but nevertheless, under the “delayed discovery doctrine,” no later than when Effs learned of the claimed interference via his attorney.
In its affirmance, the court of appeal noted: “[A]dditional distribution payments were merely 'harmful effects from an original, completed act.'”
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.