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Changing the Rules: Requiring Franchisee Compliance with Future Performance Standards
In today's world, franchisors frequently design franchise contracts to govern relations with franchisees for several years. As a result, it is critically important that franchisors be permitted to set reasonable performance requirements, not only for the present, but periodically over the life of the agreement.
There are several methods for creating contractually enforceable performance requirements, but in most cases a franchise contract contains general statements of performance obligations, such as “best efforts,” “adequate sales,” “sufficient inventory,” and “continuous and systematic sales efforts.” Some contracts supplement general performance provisions with a standards manual defining the details of many performance obligations under the franchise contracts. Other contracts simply reserve the right to set annual performance obligations, based on what the franchisor believes to be reasonable expectations of performance, given current market conditions.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.