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Sports and TV Industries Antitrust Litigations Update
Sports leagues and competitions' market clout and the increasing consolidation of sports content-streaming companies have recently spawned several civil antitrust actions aimed at reigning in these market powers.
In 2311 Racing LLC v. National Association of Stock Car Racing LLC (NASCAR), 3:24-CV-00886 (W.D.N.C.), racing teams 2311 and Front Row Motorsports Inc. have sued NASCAR over the latter’s inclusion of a waiver clause in agreements that permit teams to compete in NASCAR’s 2025 pinnacle Cup Series. The disputed clause states in part: “Team Owner … hereby releases and forever discharges [NASCAR Event Management] ... from all [claims] ... arising out of or relating to the criteria used by [NASCAR Event Management] to determine whether or not to enter into, or to offer to enter into, a Charter Member Agreement with the Team Owner or any other Person ....”
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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.
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.
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.