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Court Watch
Arbitration Clause in Franchise Agreement Is Enforceable By Nonsignatories
The Eighth Circuit Court of Appeals has ruled that nonsignatories to a franchise agreement were entitled to enforce the agreement's arbitration clause. In CD Partners, LLC v. Grizzle, ___ F.3d ___, 2005 WL 2319132 (8th Cir. Sept. 23, 2005), the court considered whether a franchisor's three principals could compel arbitration of a tort lawsuit brought against them in their individual capacities by the franchisee. The franchisee's lawsuit alleged claims of negligence, negligent misrepresentation, and fraudulent misrepresentation against the three principals. The district court denied the principals' motion to compel arbitration under the arbitration clauses in the franchise agreements on the grounds that the three principals were not signatories to the franchise agreements between the franchisor and franchisee and the tort lawsuit was not covered by the agreements' arbitration clauses.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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.
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.