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Recent FTC Staff Advisory Opinions
The staff of the Federal Trade Commission (“FTC”) that administers the FTC's Franchise Rule issues informal staff advisory opinions in response to inquiries concerning the applicability of the Rule. So far during 2005, the FTC staff has issued three such opinions.
The first, Informal Staff Advisory Opinion 05-1, dated March 2, 2005, concerns the license of a trademark used on hair care products to a hair salon business. The licensor stressed in its request that very limited controls would be placed on the operation of the salons. The controls included: requiring the salons only to carry the licensor's hair care products; specifying that use of the licensed mark must comply with the licensor's “brand book”; requiring the licensee to pay its bills and taxes on time, comply with all applicable laws, maintain a positive bank balance, and, interestingly, employ a particular person as manager of the salon. The license would end if the designed manager were no longer in control of the business.
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.
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.