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News Briefs
Pretrial Ruling Derails UPS-Mailboxes Etc. Showdown In Los Angeles Superior Court
Current and former franchisees of MailBoxes, Etc. (“MBE”) who are opposed to becoming franchisees of UPS will have to wait longer to get their day in court. A class action case that was supposed to go before Los Angeles Superior Court Judge William F. Highberger on April 26 was put in limbo on April 19 when Highberger issued an evidentiary ruling that excluded some testimony from one of the franchisees' expert witnesses. The 141 plaintiffs, who have been granted class action status, told the court that they do not want to proceed to trial in light of the ruling, and they will explore options for an appellate review.
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.