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Court Watch
Two Franchise Terminations Lead to Further Conflicts Between the Parties
While many franchise terminations result in both parties separating amicably, two recent terminations once again demonstrated that franchise terminations can be contentious affairs for both franchisors seeking to enforce post-termination provisions and franchisees seeking to recover damages stemming from a failed relationship. One suit was brought by a franchisee asserting that its franchisor failed to comply with disclosure laws, made misrepresentations, failed to comply with its franchise agreement, and set up the franchise system to fail. Another suit was brought by a franchisor attempting to enjoin a former franchisee from continuing to use a confusingly similar domain name.
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.