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$2.3 Million Verdict Affirmed for Insurance Agent Under Connecticut Franchise Act
In an Oct. 25, 2005 decision, a Connecticut District Court denied an insurance company's motion to set aside a $2.3 million verdict on the plaintiff-agent's wrongful termination claim, concluding that company's relationship with its independent sales agent constituted a franchise under the Connecticut Franchise Act, '42-133e et seq. (“CFA”).
In Charts v. Nationwide Mutual Insurance Co., Nationwide terminated one of its longtime Connecticut-based insurance agents, Alex Charts, pursuant to a contract that permitted Nationwide to terminate the agreement “at anytime after written notice.” Charts responded by filing a three-count complaint, alleging violations of the CFA, the Connecticut Unfair Trade Practices Act (“CUTPA”) and the common law implied covenant of good faith and fair dealing. Among other things, Charts claimed that his relationship with Nationwide was a franchise under the CFA because the agreement between the parties required him to operate his agency in strict accordance with Nationwide's standards; follow a marketing plan prescribed in large part and controlled by Nationwide; associate with Nationwide's trademarks; and sell products at prices that Nationwide set and controlled. Following a 9-day trial, the jury entered a verdict finding for Charts on all three counts and awarding him $2.3 million in compensatory damages.
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.