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In the Courts
Recent rulings of importance to your practice.
Features
Parent Corporations and Their Subsidiaries' Liabilities: Guidelines
In February 2007 the Illinois Supreme Court in a unanimous decision held as a matter of first impression that a parent corporation could be directly liable for its negligence to the estates of two employees of its subsidiary corporation. <i>Forsythe v. Clark USA.</i> The Illinois Court relied extensively on the unanimous 1998 opinion of the U.S. Supreme Court in <i>U S v. Bestfoods.</i> Both courts limited the reach of their opinions by making explicit the common law principle that corporate shareholders are not generally liable for the acts and omissions of their subsidiaries in the absence of active involvement of the parent in those acts or omissions.
Erratum
In last month's issue, the bio note for Darryl Vernon failed to mention that he served as counsel for tenants in Riverside Syndicate, Inc. v. Munroe. We apologize for the omission.…
Bit Parts
Copyright Preemption/Unfair Competition<br>Music Publishing/Contract Interpretation<br>Rights in Band Names and Member Personas/Injunctive Relief<br>Song Copyrights/Fair Use
Health Care Fraud Redux?
At times in the past decade, health care fraud seemed to be the top priority of the DOJ. Although nationally it's now been eclipsed by corporate accountability, the DOJ has focused on health care fraud and abuse in two of the nation's largest federal prosecutors' offices: Los Angeles and Houston. The Central District of California and the Southern District of Texas ' supposedly fraud and abuse hot spots ' are setting up dedicated Medicare Fraud Task Forces based on a model that enjoyed great success in the Southern District of Florida.
Malpractice Suit over The Source Comments Proceeds
A Manhattan federal magistrate judge ruled that a client may proceed with a legal-malpractice claim against a law firm for failing to bring defamation claims on behalf of the client in a highprofile sexual harassment and discrimination case against hip-hop magazine The Source.
Features
<b>Cameo Clips</b> Lawsuit over 'Hairspray' Agent Fees to Continue
An actress who played a leading role in the film 'Hairspray' may owe her former managers commission fees for landing her the role, a Long Island, NY judge has ruled.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
