Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
How the New FDD Has Affected the Franchise Sales Process
Prior to the announcement of the revised Franchise Rule in January 2007, there was much speculation among franchisors as to how changes to the Rule would affect the sales process. The phase-in period between July 2007 and July 2008 was hectic for many franchisors as they worked with their legal counsel to transition to the new Franchise Disclosure Document (“FDD”) format and educated their sales teams on how the sales process would need to be adjusted to comply with the new Rule.
Little did franchisors know, of course, that the recession, which began about the same time, would be so devastating to their expansion plans. While the impact of the new Franchise Rule on the sales process has paled in comparison to that of the recession, franchisors have expressed their opinions as to how changes to the Rule have influenced their approach to the sales process. Based on what we have heard since franchisors have updated their FDDs, there are mixed feelings as to whether changes to the Rule have improved or complicated the sales process from the perspective of franchisors.
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.