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A Second Look at JRS Products, Inc. v. Matsushita Electric Corp.
JRS Products, Inc. v. Matsushita Electric Corporation of America, 115 Cal.App.4th 168, 8 Cal.Rptr.3d 840 (2004) (JRS Products), decided earlier this year, provides important clarification of the scope of remedies available under California law to franchisees who have been wrongfully terminated. The California Appellate Court decision holds, among other things, that the California Franchise Relations Act (CFRA) does not bar a franchisee from recovering damages for breach of contract for wrongful termination.
The holding is significant because for years California practitioners representing franchisors have relied upon Boat & Motor Mart v. Sea Ray Boats, Inc., 825 F.2d 1285 (9th Cir. 1987) (Sea Ray) for the proposition that, pursuant to the CFRA, a franchisee's remedy was limited to the repurchase of its inventory by the franchisor. The court in JRS Products distinguished the Sea Ray case on the ground that the franchisee in Sea Ray, unlike the franchisee in JRS Products, had waived its common law right to recover damages under the contract. The court reasoned that, absent such a waiver, the franchisee was entitled to seek damages for common law breach of contract associated with the wrongful termination.
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.