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Court Watch
Over the years, liquidated damages clauses have continually been the subject of judicial controversy. In the franchising context, a liquidated damages clause is intended to represent an agreement between the parties as to what amount a franchisee should pay to a franchisor when the franchise agreement is terminated before its expiration, usually as a result of a breach of the agreement by the franchisee. The general rule is that payments required under liquidated damages clauses must be a reasonable approximation of the actual damages that might have been occurred, rather than a penalty.
Generally, courts have enforced liquidated damages in franchise agreements more often than not, but they have kept a close eye on these agreements, looking out for overreaching terms by the franchisor. The exact parameters as to what is unreasonable, and what is not, have been moving targets.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.