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Too Little, Too Late: The Franchisee's Perspective on the Revised FTC Franchise Rule
The Federal Trade Commission ('FTC') labored a dozen years to revise its Franchise Rule ' only to give birth to a mouse.
The American Franchisee Association ('AFA') was actively involved in the Rule review process since its beginning in 1995. The AFA submitted written comments and participated in public workshops in both 1995 and 1996. In 1997, after the FTC published an Advanced Notice of Proposed Rulemaking ('ANPR'), the AFA submitted written comments again ' along with 70 franchisees representing 20 independent associations of franchisees. The AFA suggested that regional workshops be held in order that franchisees might be better able to have their comments included on the record. The FTC responded to the AFA's request and held six public workshop conferences in which the second day was an open forum in which the public was invited to express its views. Franchisees from another 15 independent franchisee associations, all members of the AFA, participated in these public conferences. After the ANPR workshops, the FTC published a Notice of Proposed Rulemaking ('NPR') in 1999 to which the AFA again submitted written comments.
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.