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Decision of Note
The U.S. Court of Appeals for the Seventh Circuit decided that NBC didn't breach the employment contract of a producer for the investigative TV series “Dateline” when it fired the producer at the end of a contract cycle. Bartel v. NBC Universal Inc., 07-3913.
Veteran reporter Marsha Bartel had been hired under a four-year contract to produce a “To Catch a Predator” segment in which online predators have been lured to supposed sexual encounters with minors, only to be arrested. The arrest incidents have been filmed and aired on “Dateline.” After Bartel refused to produce the segment on the ground that it violated NBC's ethical guidelines, NBC fired her, citing budget cutbacks. (One “Predator” episode resulted in a pre-trial settlement this year of a $105 million suit against NBC by the family of a Texas prosecutor who committed suicide as he was about to be arrested on camera.)
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.
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.
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.