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The Arbitration Fairness Act of 2007: Are the Days of Mandatory Arbitration Provisions Numbered?
A 'consumer protection' bill that would bar as invalid and unenforceable mandatory arbitration provisions relating to, among other things, franchise disputes is presently referred to the Senate's Judiciary Committee and the House of Representatives' Committee on the Judiciary and its Subcommittee on Commerce and Administrative Law. If passed by Congress, the Arbitration Fairness Act of 2007 ('AFA') (S. 1782 and H.R. 3010) introduced by sponsors, Sen. Russ Feingold (D-WI) and U.S. Rep. Hank Johnson (D-GA), would significantly, in both the eyes of franchisors and their franchisees, amend the Federal Arbitration Act, 9 U.S.C. '1, et seq. ('FAA') to not only invalidate mandatory arbitration provisions in the context of franchise disputes, but also for consumer and employment disputes as well. (To see the text of the legislation or monitor its progress, see the Library of Congress' http://thomas.loc.gov/.)
In Wake of Ehleiter v. Grapetree Shores, Inc.
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.
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.
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.