Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Winds of Regulatory and Legislative Change in Canada
The impetus for greater international harmonization in the law of pre-sale franchise disclosure is about to get a boost in Ontario, Canada. At press time, financial statements to be attached to compliant disclosure documents under Ontario's Arthur Wishart Act (“Franchise Disclosure”), 2000 (“The Wishart Act”) are required to be prepared only in accordance with generally accepted auditing standards (“GAAS”) ' if audited ' or, if not audited, then prepared under the review engagement standards in accordance with generally accepted accounting principles (“GAAP”) set out in the Canadian Institute of Chartered Accountants' Handbook (“CICA Handbook”). No other standards are currently acceptable.
That is changing. Effective July 1, 2005, financial statements observing GAAP and, if audited, GAAS “that are at least equivalent to those” required by the CICA Handbook will satisfy Ontario's regulatory requirements. The approach is old hat in Alberta, where equivalency has been de rigueur for years, but it took the Ontario Ministry of Consumer and Business Services the better part of 5 years ' since the coming into force of The Wishart Act ' to catch up. Playing catch up between these two provinces is not new, since Alberta was the first jurisdiction in Canada to pass a franchise law (1972). It took more than a quarter-century for Ontario to follow suit.
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.