Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Franchisors May Have Standing to Seek to Quash Subpoenas Directed to Third Parties
What can a franchisor do if some of its franchisees or business partners (who are not parties to the litigation) are slapped with broad and burdensome subpoenas from disgruntled franchisees or potential franchisees in litigation? In many cases, the answer may be nothing. The Federal Rules of Civil Procedure generally do not allow a party to seek to enforce the rights of others (many states have analogous rules, as well).
Notwithstanding the general rule, one federal district court recently found that Dunkin' Donuts, Inc. and Baskin-Robbins USA, Co. had standing to object to nine subpoenas served on third parties even though the third parties themselves never directly sought the court's protection or involvement. Barkan v. Dunkin' Donuts, Inc., No. CA05-050L, 2008 WL 1924007, at *3 (D.R.I. Apr. 28, 2008). The subpoenas were served on investment banks involved in the acquisition of the defendants' corporate owner, other Dunkin' Donuts franchisees that purchased stores, another franchisee that apparently made unsuccessful efforts to acquire six additional stores, another bank, and the defendants' attorneys. Barkan, 2008 WL 1924007, at *1.
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.
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.
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.