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Arbitration Awards: What Is the Standard of Review?
The Third U.S. Circuit Court of Appeals decided a franchise-related case on Aug. 2 that addressed judicial review of arbitration awards. In Paul Green School of Rock v. Smith, the court of appeals was called upon to review the confirmation of an arbitration award by the district court. The arbitration award, among other things, imposed a covenant not to compete against a California franchisee, a remedy rarely imposed under California law.
Unlike Pennsylvania law, California law considers covenants not to compete to violate public policy. California federal courts seem to allow a “trade secret exception” to the prohibition against enforcement of non-competes, however, the trend of the state courts has been to conclude that no such exception exists. California state courts will enjoin competition only when necessary to protect trade secrets under the California Trade Secrets Act.
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.
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.
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.