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The ABA Consumer Protection Conference
Imagine your franchise lawyer sitting in a lecture hall with three of the five current commissioners of the Federal Trade Commission, two of the three current FTC Bureau directors, and two dozen other FTC staff members. Make you nervous? Now add the head of the Justice Department's Civil Division, a federal judge, and for good measure, the Privacy Commissioner of Canada. Breaking into a sweat?
Relax, there is nothing to fear. The occasion for the gathering at George Washington University (“GWU”) on Feb. 3 was the American Bar Association's Consumer Protection Law Conference. The full-day program, sponsored by the Section of Antitrust Law, featured seven distinguished panels and plenty of issues of interest to the franchising community.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.