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Fed. Ct. Dismisses Film Companies' GA Suit over Plane Crash
A federal judge in Atlanta dismissed a complaint filed by four movie-production companies hoping to dodge liability for a fatal plane crash tied to the filming of the Tom Cruise picture American Made. Cross Creek Pictures LLC v. S&S Aviation Inc., 1:2017cv3440.
In dismissing the lawsuit, in which the production companies want to push liability onto the Georgia company responsible for the aircraft's maintenance, Judge Michael Brown of the Northern District of Georgia emphasized that the underlying litigation is currently playing out in California. “And no one knows what the outcome of that case will be,” Judge Brown wrote. “No one can say if it is likely, unlikely, probable or improbable that plaintiffs will be liable.”
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 ...."