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Despite Presence of New Faces, Burger King, Franchisees Appear to Remain Far Apart
Developments regarding Burger King and its franchisee association, the National Franchisee Association (“NFA”), in the past few months have raised as many questions as they have answered. NFA Board Chairman Dan Fitzpatrick and other board members resigned at a meeting in early December, and they were replaced by four veteran Burger King franchisees: Bob Boss, Vernon Duckrey, Ray Meeks, and Gary Robison. Another franchisee, Joe Anghelone, joined the board in January 2006.
The resignations were interpreted by some observers as a gesture aimed toward ending an ugly impasse with the franchisor that became public when the Miami Herald reported last fall that Burger King decided to withdraw its $1 million per year support of the NFA and to end almost all communications with the group. The financial commitment from Burger King, announced in 2004, was to last for 3 years. Instead, the company said it would redirect the funds for national advertising to benefit all franchisees.
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.