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Supreme Court of Canada Voids Non-Compete Clause
The Supreme Court of Canada ruled in an employment dispute that a non-competition covenant was not enforceable, indirectly giving new guidance for franchisors about non-compete covenants with franchisees (Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 (Jan. 23, 2009), available online at: http://csc.lexum.umontreal.ca/en/2009/2009scc6/2009scc6.html). The primary lesson for U.S. based franchisors is that the “blue-pencil” rule may only be resorted to in rare cases where the part being removed is trivial, and not when it is a substantive part of the restrictive covenant.
An insurance broker by the name of Shafron had sold his business and became an employee of the purchaser. The business was sold again, but Shafron received none of the proceeds. Then he left his job in Vancouver and went to work for a competitor in Richmond, just across the north arm of the Fraser River from the City of Vancouver.
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.
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.
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.