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11th Circuit Says Anti-SLAPP Law Doesn't Belong in Federal Court
The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network's 2015 investigation of infant deaths at a Florida hospital. The opinion, penned by Circuit Judge William Pryor, rejected CNN's contention that a pending federal defamation case against the network should be thrown out under Georgia's anti-SLAPP law, O.C.G.A. §9-11-11.1. The unanimous three-judge-panel opinion also dismissed CNN's petition to overturn a 2017 decision by the Northern District of Georgia to not dismiss the case.
Anti-SLAPP statutes — intended to limit the use of SLAPP, or Strategic Lawsuits Against Public Participation — are couched in constitutional free speech principles. Media outlets have used anti-SLAPP statutes as grounds to dismiss pending defamation claims.
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.