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News Briefs
California Supreme Court Decision to Invalidate Jury Trial Waivers Leads to Win for Mail Boxes Etc. Franchisees
The Independent Association of Mailbox Center Owners (“IAMCO”) and 35 Mail Boxes Etc. (“MBE”) franchisees convinced the Fourth District Court of Appeals in California to vacate a trial court order that had denied the franchisees' requests to consolidate their claims and receive a trial, instead of working through mandatory arbitration as outlined in their franchise agreements. IAMCO was formed in March 2000 as an independent trade group of MBE franchisees that were seeking to bring their concerns to franchisor Mail Boxes Etc. in an organized manner.
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.
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.
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.