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Court Watch
No Affirmative Duty on Franchisor to Enforce Territory Restrictions
A recent case out of the district court in Michigan highlights the tensions that can arise when disputes occur among franchisees. Although not directly involved, a franchisor can unwittingly be pulled into a lawsuit or be subject to a claim based on a franchisee's frustration that it is failing to do enough to resolve the dispute. Cottage Inn Carryout & Delivery, Inc. v. True Freedom Investments, LLC et al., 2010 U.S. Dist. LEXIS 113170 (E.D. Mich. Oct. 20, 2010), began with a dispute among two franchisees related to sales outside of their protected territories, but it ended with a claim against the franchisor for its failure to stop one of its franchisees from encroaching on the protected territory of the other franchisee.
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.