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Getting Ahead of the Legal Curve
When societal trends arise, new laws and regulations are sure to follow. Franchises have a choice of making changes as the trends evolve, or waiting until lawmakers and, perhaps, courts force their hands.
In the past year, many franchises have seen the handwriting on the wall when it comes to using trans-fats in the cooking process or allowing smoking at their locations. Although bans on trans-fats or smoking are strictly local at this point, it's clear which way the trend is headed. This has spurred many franchises to embark on or announce plans to make major, system-wide changes that go beyond current legal requirements, but are clearly driven by legal trends, as well as consumer preferences. For example, Burger King, Dunkin' Donuts, KFC, Taco Bell, and Wendy's each are in the process of eliminating the use of trans-fats on a national basis, even though only New York City has set a trans-fat limit (0.5 gram per serving, which will take effect on July 1, 2007) and only a few states are considering similar policies.
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.