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Court Watch
Boilerplate Choice of Law Provision Causes Application of California Franchise Relations Act to Out-of-State Franchisee
Use of boilerplate clauses sometimes can backfire as illustrated in a recent Memorandum and Order Re Motion to Dismiss issued by Judge Charles R. Breyer of the U.S. District Court, Northern District of California. In Gabana Gulf Distribution, Ltd., et al v. Gap International Sales, Inc., et al, CCH Bus. Fran. Guide '13,420 (USDC N.D. Cal., Aug. 14, 2006), the court found that the good cause termination provisions of the California Franchise Relations Act ('CFRA') apply to a 'Distributor Agreement' between Gap International Sales, Inc., a Delaware corporation with its principal place of business in California ('Gap'), and Gabana Gulf Distribution, Ltd., a company formed in the United Kingdom with its principal place of business in Switzerland ('Gabana').
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.