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Court Watch
Wrongfully Terminated Franchisee's Damages Not Limited to Remedies Afforded Under California Franchise Relations Act
A California appellate court has ruled that a franchisee whose franchise agreement was terminated by the franchisor without good cause in violation of the California Franchise Relations Act (“CFRA”) may sue a franchisor for breach of contract damages based on wrongful termination. In permitting the suit, the court refused to enforce a franchise agreement provision permitting the franchisor to terminate the agreement with or without cause, holding that the provision violated the CFRA and was therefore void and unenforceable. But the court ruled that the franchisee could not sue the franchisor for intentional interference with prospective economic advantage as a result of the wrongful termination. JRS Products, Inc. v. Matsushita Electric Corporation of America, 8 Cal.Rptr.3d 840 (Cal. App. 3d 2004).
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.