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The Changed Landscape: Introduction
As franchise lawyers, we see hundreds of cases a year that impact our practice. Many are very important “bread and butter” cases, such as state court opinions dealing with parol evidence and integration clauses and federal cases involving trademark infringement. These are important cases that every franchise lawyer should know because they help in the day-to-day battles.
Far more interesting to us, and we would imagine to most franchise attorneys, are the big cases that have happened maybe once or twice a year over the past 10 years that have made everyone wonder, “What in the world is going on?” We have selected 10 such cases that were decided in the past 10 years, made a substantial impact on franchise law, and have made most of the franchisor and franchisee legal community take a good, hard look at how to do business in the future. These are 10 cases that, at least at the time they were decided, changed the landscape for franchise attorneys and their clients.
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.
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.
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.