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Court Watch
Petroleum Marketers Act Does Not Allow Franchisor to Force Franchisee to Re-Brand
In September 2007, the U.S. District Court for the Eastern District of Pennsylvania found that the implied terms of an ambiguous franchise agreement caused the agreement to terminate when an unanticipated contingency occurred that excluded all products from the scope of the agreement. The court held that because the essence of the agreement was the sale of petroleum products from the wholesaler to the service station operator, when the wholesaler discontinued delivery of the original brand of products contemplated by the agreement and offered to substitute another brand, but the service station operator objected to the substitution ' both of which actions were explicitly permitted by the unambiguous terms of the agreement ' the agreement terminated due to an unstated, but implied contingency being triggered. Getty Petroleum Mktg, Inc. v. Shipley Fuels Mktg, LLC, 2 Bus. Franch. Guide (CCH) '13,729 (E. D. Pa. Sept. 27, 2007).
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.