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Supreme Court's Leegin Decision Opens Door to Resale Price Controls
The story may be a familiar one. Your company makes a product that it sells it through various retailers or distributors. Over the years, you've worked hard to maintain the product's premium image, encouraged vigorous marketing and customer service by resellers, and maintained the peace between competing retail outlets. Your 'suggested retail price' has served everyone well, and no one has yet broken ranks.
But now one of your oldest retailers has decided to open up an Internet storefront and is selling your premium brand online at just pennies above wholesale. These sales are faceless, without any explanation of your product and with no customer service. Even worse, the Web site pictures your product alongside cheap knock-offs that could never be considered premium brands. It's only been a month and you've fielded dozens of angry calls from other retailers who are losing business, urging you to fix the problem.
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.