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A New Legal Landscape for Franchising in South Africa
South Africa's Consumer Protection Act (“Act”) will have a significant impact on franchising in that country. The president of South Africa signed the new legislation into law on April 24, 2009, and it was published in the government gazette on April 29, 2009. The Act codifies many franchise practices that have been advocated by the Franchise Association of South Africa (“FASA”) since the early 1990s and expands on existing provisions of South Africa's Competition Act, 1998.
With more than 500 franchise systems operating in the country, franchising in South Africa has emerged as one of the key vehicles through which companies choose to expand their operations. The franchising industry contributes approximately 12% of South Africa's gross domestic product.
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.