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Franchisees' Perspective: Leveling the Playing Field
In 1992 when a group a franchisee leaders sat down with me in Washington, DC to discuss the formation of a national trade association to represent their interests 'which became the American Franchisee Association (AFA) ' the group intended nothing less than to put pressure on the current public policy framework to make things better for franchisees. Included in this framework was the Federal Trade Commission's (FTC) trade regulation rule titled, “Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures” (16 CFR Part 436) (“Franchise Rule” or “Rule”). Since that meeting in 1992, the AFA has been the catalyst for ensuring that certain franchisors do not use their enormous contractual discretion with the intent to subjugate or take advantage of their franchisees.
Some of the tools that the AFA has used over the years to level the playing field between franchisor and franchisee include: extensive public relations coverage of some of the most unscrupulous practices of certain franchisors; enlisting the support of hundreds of small-business owners at the 1995 White House Conference on Small Business to put the president and Congress on notice that the issue of franchisee legal rights was a powder keg ready to burst; becoming the primary proponent of the Small Business Franchise Act, which was introduced not once, but twice, by a bipartisan group of lawmakers convinced that baseline standards of conduct at the federal level were necessary in franchising due to the overwhelming imbalance in both the legal and financial power between the parties; testifying before the only two Congressional subcommittees to hold hearings on the FTC's administration of its trade regulation rule regarding the franchisees' viewpoint (American Franchisee Association, Statement of Susan P. Kezios, president, before the U.S. House of Representatives Subcommittee on Transportation and Hazardous Materials, Committee on Energy and Commerce, Aug. 3, 1994. Also, American Franchisee Association, Statement of Susan P. Kezios, president, before the U.S. House of Representatives Subcommittee on Commerce, Trade and Consumer Protection, Committee on Energy and Commerce, June 25, 2002.); convincing lawmakers to ask the General Accounting Office (GAO) for an accounting of the FTC's enforcement of its Franchise Rule; and, finally, at the suggestion of FTC staff in 1995, AFA staff and its members began participating in the process of amending the Franchise Rule.
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.
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.
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.
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.