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IFA Legal Symposium: Franchise CEOs Emphasize Importance of Legal Counsel in Wide Variety of Business Issues
Legal counsel to franchise systems have responsibilities that range from drafting and updating UFOCs, to assisting with purchases of new systems, to monitoring legislative and regulatory activity. Which of these services are most needed by franchisors, and how can in-house or outside counsel maximize their value? A special CEO Roundtable session at the International Franchise Association ('IFA') Legal Symposium in Washington, DC, in May tried to answer some of those questions by bringing together four veteran franchisor CEOs who detailed how they work with inside and outside counsel and where they see legal flashpoints in franchising today.
Guided by moderator Lawrence 'Doc' Cohen, Chairman of IFA and a major franchisee of Great American Cookies, the CEOs praised the work of their legal advisers, and they offered expansive views of the impact that attorneys can have. 'I don't do anything, no matter how small it is, without going to our in-house counsel,' said Kenneth D. Walker, president and CEO of Meineke Car Care Centers. 'We're blessed to have a big enough system that we can have the experience of [long-time chief counsel] Ted Pearce ' and I can talk with him with a minute's notice. We think about the legal perspective, especially litigation, in every business decision.'
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.