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Court Watch
Forum Selection Clauses Are Presumptively Valid and Enforceable
It is typical for franchise agreements to contain forum selection clauses that require any dispute to be resolved in the state and federal district in which the franchisor has its headquarters or principal place of business. The rationale behind such forum selection clauses is quite obvious. They provide the franchisor with the convenience and advantage of litigating on its home turf where it presumably has the greatest familiarity with the law and the courts. Additionally, such clauses significantly reduce the expense that a franchisor might otherwise incur in litigating against franchisees in distant locales. Finally, and perhaps most significantly, by confining all litigation to its own backyard, a franchisor maximizes the prospect of benefiting from any local goodwill that might affect the litigation process, while minimizing the risk of being the victim of prejudicial “home cooking” that might be served up in a franchisee's foreign kitchen.
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.