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Ruling Issued on IMDb.com Challenge to CA Actor-Age Law
A federal judge in San Francisco issued a preliminary injunction on February 22 halting a California state law that requires online entertainment database IMDb.com to remove actors' ages on request. IMDb.com v. Kenealy, 3:16-cv-06535. Judge Vince Chhabria of the U.S. District Court for the Northern District of California had made clear at a hearing earlier in February that he thought the law violated the First Amendment, although he held off ruling from the bench at that time.
California Civil Code §1798.83.5, which took effect on Jan. 1, is backed by the Screen Actors Guild-American Federation of Television and Radio Artists union (see, http://bit.ly/2lLjDyj), and was billed as a tool to fight age discrimination in the entertainment industry. But in November, IMDb, an Amazon.com Inc. subsidiary, sued to block the law, claiming that it runs afoul of the First Amendment and the broad protections provided to websites by the Communications Decency Act (CDA).
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.
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.
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 ...."