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Bit Parts
Defamation/Republication
The U.S. District Court for the Eastern District of Michigan, Southern Division, decided that the release of a film on DVD amounted to republication, rather than continuous publication, of the work for purposes of restarting the statute of limitations for defamation. Nichols v. Moore, 03-74313. The suit was filed against director Michael Moore over comments related to the plaintiff in the film “Bowling for Columbine.” The district court noted that many of the special features on the DVD were produced after the film's theatrical release and that the DVD was intended to reach a new audience. In another defamation case, a Manhattan federal district court ruled that the rebroadcast of a TV show on The Learning Channel constituted a republication for statute of limitations purposes. Lehman v. Discovery Communications Inc., 01 CV 4211. The court noted that “a rebroadcast of a television show is intended to reach a new audience and is therefore an additional communication. A rebroadcast has renewed impact with each viewing and creates a new opportunity for injury, thereby justifying a new cause of action.”
Implied Contract/Preemption
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.
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.
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.
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.