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Court Watch
Jury Finds Independent Insurance Agent a 'Franchisee'
On Dec. 13, 2004, a federal jury in the U.S. District Court of Connecticut awarded $2.3 million in damages to a terminated independent insurance agent, in the case of Charts v. Nationwide Mutual Insurance Company, Civil Action No. 3:97 01621 (CFD). Among the findings of the jury were that agent Charts operated pursuant to a franchise agreement, that the franchise was terminated without good cause as required by the Connecticut Franchise Act, that Nationwide violated the implied covenant of good faith and fair dealing, and that Nationwide's conduct violated the Connecticut Unfair Trade Practices Act.
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.