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News Briefs
Glass Doctor Wins Trademark Claim in Virginia
Franchisor Glass Doctor won a ruling to uphold its trademarked name when the U.S. Court of Appeals for the Fourth Circuit upheld a January 2005 ruling in the U.S. District Court for the Eastern District of Virginia, Norfolk Division, against Judy Fine Korman, who had used that name in marketing her windshield replacement business. Korman, who operates in the Virginia Beach, VA, area, was also ordered by the lower court to pay four years of profits to Glass Doctor, although the appeals court has suspended the payment while asking the lower court to clarify its reasoning for the level of monetary damages.
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.