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Buying Into Or Offering Franchising Opportunities?
Traditional franchising is an established business technique that brings together the owner of a branded product with another. Here's the nuts-and-bolts of it: A franchisor provides a trademark or trade name, and a business arrangement; a franchisee pays a royalty, and often an initial fee for the right to do business under the franchisor's name and system. The contract binding the two parties is the franchise.
After the downturn in the Internet-advertising market, Internet merchants developed the pay-for-performance e-commerce sector. It worked this way:
- Internet merchants paid a commission to affiliates who directed people to their Web sites.
- More sophisticated affiliate programs were set up as revenue-sharing arrangements.
- The terms and conditions for these programs began to mimic franchise agreements.
Consider the following perspectives. As an affiliate for an online casino, some franchise agreements allow the franchisee to earn 33% to 50% of the value that Internet gamblers lose to the online casino. Affiliates for a home mortgagor earn $30 to $90 per referral under some agreements. But risk shadows reward ' that is, franchisees are then liable for the performance of services they promote.
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.