The Second Circuit has just become the latest Court of Appeals to uphold the imposition of money judgments in criminal forfeiture orders. The court sustained forfeiture money judgments of $10 million and $4.6 million against two indigent defendants.
Federal district court judge Shira A. Scheindlin has given preliminary approval to a settlement between a class of plaintiffs whose names are on the state's child abuse registry and the New York State Office of Children and Family Services.
While evidence of adultery used to consist of lipstick smudges on the collar, credit-card receipts from motels and so forth, now it's far more likely to be in the form of text messages, e-mails, IMs or postings on online Web sites. Can these forms of evidence be discovered?
No Implied Covenant Breach in Cussler's Rejection of Screenplays<br>No Copyright Infringement Found in <i>God of War</i> Video Game<br>Second Circuit Affirms Judgment for Malmsteen Against Business Managers
The Federal Circuit's recent decision in <i>i4i L.P. v. Microsoft Corp.</i>, on appeal from the Eastern District of Texas, contains valuable lessons on a number of procedural issues, particularly on the importance of timely motions during trial in order to preserve matters for appeal.
The U.S. District Court for the Middle District of Tennessee confirmed its earlier ruling that Roger Miller Music and Miller's widow Mary own the renewal-term copyrights to the performer/songwriter's 1964 and post-1964 compositions, which include some of his biggest hits.
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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.
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.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
