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New Crop of Legal Developments In Music Celebrity Estate Battles
Legal disputes over artist’s estates have been a growing source of entertainment-industry litigation. This summer is proving to be a busy season for such litigations, with legal dustups related to the music-celebrity estates of “Margaritaville” icon Jimmy Buffett, Canadian singer/songwriter Leonard Cohen and blues legend Johnny Winter.
In a financial and personal dispute. the Buffett estate battle pits Jimmy’s widow Jane against his long-time business manager and financial advisor Rick Mozenter, managing director of the accounting firm Gelfand, Rennert and Feldman in Los Angeles. Jane and Mozenter are co-trustees of the James W. Buffett 1990 Trust, last amended by Jimmy in July 2023, and of the James W. Buffett Marital Trust, which named Jane as the beneficiary and took effect after Jimmy passed away in September 2023.
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 ...."