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Managing Franchise System Growth from the Start
Successful franchisors that seek to expand their systems and new companies that are attracted to the concept of franchising face numerous legal, financial, and logistical challenges in developing and implementing a successful growth strategy. Anticipating those potential difficulties before they arise and finding ways to avoid them altogether are among the most important services that franchise counsel can provide. The 38th annual International Franchise Association (“IFA”) Legal Symposium in May 2005 included two well-attended sessions that addressed the major issues that franchisors often face when trying to expand their systems.
Franchisors are usually interested in expanding their systems, and this can be beneficial not only to the franchisor, but also to individual franchisees, said Eric M. Newman, executive vice president and general counsel, Bojangles' Restaurants, Inc. However, franchisees often perceive new franchises as encroaching on their marketing areas and potentially cannibalizing their sales. These potential conflicts must be handled through a combination of diplomacy and precise contractual language, he said.
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.
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.
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.