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Baron Cohen Lawyers on Winning Ruling In Judge Moore's Defamation Suit
Comedic actor Sacha Baron Cohen made former Alabama Chief Justice Roy Moore the butt of a joke, playing off media reports that plagued Judge Moore during his campaign for the U.S. Senate, about allegations of sexual misconduct involving young women. During the segment from the satirical Showtime series Who is America? segment at the center of a defamation suit from Judge Moore and his wife, Baron Cohen, posing as an Israeli anti-terrorism expert, claimed to have a device that identified pedophiles — and that device went off when he waived it in front of Moore.
Federal District Judge John Cronan of the Southern District of New York recently ruled that a release Judge Moore signed prior to his appearance on the program barred precisely the sorts of claims he was bringing. Southern District Judge Cronan further found the First Amendment applied to claims brought by Moore's wife Kayla, who was not party to the release, on the ground that the bit "was clearly a joke and no reasonable viewer would have seen it otherwise" and that it "was commentary on matters of public concern." Moore v. Cohen, 19 Civ. 4977.
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.