Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
FTC Addresses Earnings Claims in Internet Advertising
As franchisors find new ways to reach out to prospective franchisees, there are inevitably questions about how franchise laws ' written long before electronic media such as the Internet and e-mail were contemplated ' might apply. Recently, the Federal Trade Commission's (FTC) staff provided some guidance to help franchisors understand how the FTC Franchise Rule applies with respect to earnings claims made in the context of Internet advertising.
In January 2004, the FTC's Franchise Rule staff issued an advisory opinion (FTC Staff Advisory Opinion No. 04-2, available at Bus. Franchise Guide (CCH) ' 6522; it can be found online at www.ftc.gov/bcp/franchise/advops/advis04-2.htm). The staff's advisory opinion makes for interesting reading and helps franchisors with questions about how to comply with the FTC's Franchise Rule when advertising on the Internet. While staff advisory opinions are not binding on the FTC, they are nonetheless useful in that they reflect the current views of the staff lawyers responsible for administration and enforcement of the Franchise Rule. In the author's view, the Commission will be reluctant to proceed against a private company that reasonably relied upon the guidance given by staff in an informal advisory opinion that was not revoked.
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.
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.