Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Read More › Features
Legal Fees in Criminal Cases
John Gamble
Although a corporation obviously cannot be put in prison, saber-rattling by the government concerning a possible indictment is indeed a draconian threat. In January 2007, Sen. Arlen Spector (R-PA) introduced Senate Bill 186, the 'Attorney-Client Privilege Protection Act of 2007' ('S. 186'). If enacted, S. 186 would straightforwardly 'prohibit' U.S. Attorneys from conditioning any <i>civil or criminal</i> charge decision upon, or use in deciding whether an organization is 'cooperating' with the government, 'the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of that organization.' In July 2007, Rep. Robert C. Scott (D-VA) introduced House Bill 3013 ('H.R. 3013'), a virtually identical bill (and bearing the same name) in the House. Here's why.
Features
Quarterly State Compliance Review
Sandra Feldman
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect during the last three months, including amendments to Nevada's corporation and unincorporated entity laws. This edition also discusses recent decisions of interest from the courts of Delaware, New York and California.
Features
Energy Markets Face Expanded Enforcement
Christopher J. Barr
The Energy Policy Act of 2005 (EPACT) gave FERC the authority to assess penalties under the Natural Gas Act and Federal Power Act of up to $ 1 million per day per violation. FERC has expanded its Office of Enforcement, called for heightened industry compliance programs and self-disclosure of misconduct, and is newly focused on enforcement rather than on traditional ratemaking. Two years into the EPACT era, FERC has used its newly acquired authority vigorously.
Features
Bit Parts
Stan Soocher
Arbitration/NFL Agent Contracts<br>Copyright Exemption/Subject-Matter Jurisdiction<br>Sampling/Copyright Infringement<br>Trademark Infringement/TV-Reality Series
The MLF 50: A Spectacular Achievement
ALM Staff
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Law Journal Newsletters
Once again, Law Journal Newsletters are on the forefront with the publication, in this month's issue of Marketing the Law Firm, of the Third Annual MLF…
Features
Media & Communications Corner
Vivian Hood
A profile of Claudia M. Freeman, Director of Marketing & Communications, Cadwalader, Wickersham & Taft.
Features
Cooperatives & Condominiums
ALM Staff
&
Law Journal Newsletters
In-depth commentary on a key case.
Features
Race Discrimination and Mortgage Fraud
Stewart E. Sterk
The crisis in the subprime mortgage markets has brought to light many allegations of predatory practices by mortgage lenders and other participants in the housing industry. In <i>Barkley v. Olympia Mortgage Co.</i>, Judge Raymond Dearie of the Eastern District approved a strategy that might permit some victims of the alleged fraud to obtain a federal forum, with the possibility of treble damages and attorneys fees: allege (and prove) that the predatory practices constituted a form of racial discrimination.
Features
Mediators and Separating Couples, Beware!
Janice G. Inman
Mediation participants would be far more circumspect if they thought their discussions and disclosures could be used against them in a later judicial proceeding. With this in mind, let's consider the potential impact of a recent case in which the Appellate Division, Fourth Department, determined that a confidentiality clause in a divorcing couple's mediation agreement need not preclude the mediator from being compelled to give testimony in their subsequent divorce action.
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