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Canadians Tackle Disclosure Documents and Other Franchise Mysteries
In Canada, franchise disclosure documents (“FDDs”) are not reviewed by any government agency. It is up to the franchisor to prepare and deliver the document correctly, failing which the franchisee can, for a limited period of time, send in a rescission notice.
The limitation period for a complete failure to deliver a disclosure document is two years. But the limitation period for the delivery of an incomplete disclosure document is only 60 days. Most franchisees do not sour on the deal in the first 60 days. But most franchisors deliver some form of disclosure document, making the two-year rescission period unavailable. That is unless the disclosure document delivered is not a disclosure document. Two recent cases in Alberta and Ontario have considered the issue of whether a failure to sign the certificate required in Canada is fatal to the disclosure document. They came to opposite conclusions.
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.