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International Franchising 2006: Why Attorneys Need to Know the Laws in Other Countries
In many countries around the world, concepts that are common in the United States are considered exotic to the local populace. Furthermore, as more and more Americans travel abroad, they welcome the sight of a familiar brand from “back home.” As a result of these two factors, when U.S.-based franchisors seek to expand abroad, they often find a ready audience. In fact, many franchisors get their first taste of international franchising when they are approached by a potential franchisee, asking for the opportunity to obtain franchise rights to a particular country or region of a country. It is only later that the franchisor actually begins to focus on active development of franchises outside the United States.
What should U.S. counsel for a franchisor do when asked to assist with this type of international franchise relationship? One of the first and most important tasks is to identify competent local counsel that is fluent in English and is sufficiently familiar with U.S. legal concepts to be able to explain the differences between U.S. law and local law. Outside the United States, most countries do not have legislation that is specific to franchising. That is not to say, however, that the countries have no laws affecting franchising. In every country, there are laws of general applicability that will affect the franchise relationship. Prime among these are trademark laws, which every country has, and which inevitably affect franchising. Other generally applicable laws that are likely to have an influence on franchising are tax laws (and tax treaties), laws relating to foreign remittances (or similar currency restrictions), sales agency laws, antitrust laws, and laws regarding technology or know-how licensing.
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.