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Should You Make an Earnings Claim?
If there is one question in the minds and on the lips of potential franchisees, it is “How much money can I make with this concept?” Franchisors may answer this question, of course, but with great care and consideration as to what, how, and when they answer it.
Under both the UFOC guidelines and the FTC Rule, a franchisor is not required to make any representations concerning the actual, average, projected, or forecasted sales, profits, or earnings likely to be realized by operation of the franchise. If a franchisor does make such representations, it must do so in strict compliance with the “earnings claim” requirements of the FTC Rule or Item 19 of the UFOC Guidelines. In short, an “earnings claim” is any information given at the direction of the franchisor to a prospective franchisee from which a specific level or range of actual or potential sales, costs, income, or profit from franchised or non-franchised units may easily be ascertained. Currently, approximately only 25% of franchisors make earnings claims, but this is not uniform across all types of franchisors. Some industries have substantially greater earnings claims rates.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.