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Factors That Contribute to a Community of Interest
Several states require a 'community of interest' between the parties to establish the requisite relationship to trigger the notice and disclosure requirements under the state's dealership or franchise laws. But ask franchise lawyers what is meant by this phrase, and what becomes clear is how unclear determining a community of interest can be. The U.S. District Court for the Eastern District of Wisconsin shed some light on the issue in its recent decision in Miller-Bradford & Risberg, Inc. v. VT LeeBoy, Inc., Business Franchise Guide '13,522 (filed Jan. 26, 2007).
Miller-Bradford & Risberg ('MBR'), a distributor of equipment for use in the construction, road-building, and forestry industries, sought to prevent termination of its agreement with VT LeeBoy, the manufacturer of a line of commercial asphalt pavers, road graders, and related products sold by MBR, based on the manufacturer's alleged violation of the Wisconsin Fair Dealership Law ('WFDL'). Because MBR failed to establish that LeeBoy was indeed a 'distributor' as defined in the WFDL, the U.S. District Court for the Eastern District of Wisconsin denied MBR's motion for preliminary injunction.
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.