Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Morals Clause in Spotlight in Smiley/PBS Litigation
A lawsuit involving the Public Broadcasting Service and former TV host Tavis Smiley has created the kind of drama that would make the cast of Downton Abbey blush. This is because the litigation centers on an alleged breach of the "morals clause" included in the agreement that gave rise to the Tavis Smiley talk show, which PBS used to air nightly beginning in 2004. TS Media Inc. v. Public Broadcasting Service, 2018 CA 001247 B. While the case has proceeded to trial (still in progress when this article was published), a judicial ruling several weeks prior, relating to the interpretation of that morals clause provided some very useful lessons — but first, a bit of background.
Through his company TS Media, Smiley initially contracted with PBS in 2002 to produce and distribute the program. That agreement was renegotiated and extended each November thereafter — and for the last time in 2017, which contemplated production and distribution of the talk show for its 15th season, commencing in 2018.
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.
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.