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Gathering Storm
There is an insidious trend developing in the franchise sales arena: Lawyers are being sued when bad things happen to a franchisee as a result of alleged defects or misdeeds in the franchise sales process.
As reported in the franchise press, most prominently by Janet Sparks in Franchise Times, several suits are now pending where, when a franchisee failed, the franchisee has named the outside law firm for the franchisor as a defendant. Sparks indicates that in these cases, there have been points ' often not well-delineated ones ' where lawyers, in addition to acting incompetently as lawyers, have crossed the line and have become actively engaged in the franchise sales process ' that is, in promoting franchise sales and otherwise acting more like a franchise sales person than a legal adviser.
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.