Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Court Watch
Sixth Circuit Upholds Noncompete Injunction
A franchisee's attempt to inject ambiguity into a noncompete clause in a franchise agreement was rejected by the Sixth Circuit in Certified Restoration Dry Cleaning Network, LLC v. Tenke Corp., 511 F.3d 535 (6th Cir. 2007). The plaintiff franchisor, Certified Restoration Dry Cleaning Network, and the defendant franchisee, Tenke Corp. and owner Stephen Dubasik, had entered into a franchise agreement in June 2002. The franchisor's business is a restoration dry cleaning system 'for cleaning smoke, water, and/or odor damaged clothing and other soft goods from insured casualties, such as house fires.' Restoration Dry Cleaning Network enters into franchise relationships with persons who already own dry cleaning establishments and want to add restoration services to their existing business. In November 2006, Restoration Dry Cleaning Network terminated Dubasik's franchise for failure to make required payments under the franchise agreement.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.