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Court Watch
Right to Condemnation Award for Loss of Goodwill May Be Assigned to Franchisor
Under California law, the owner of a business conducted on condemned property can claim compensation for the loss of goodwill. Cal. Code of Civ. Proc. ' 1263.510. A 1992 case held that a franchisor could not make a claim for loss of goodwill under that statute since it was not the owner of the concerned business, citing, among other things, the franchise agreement's disclaimer of any partnership, joint venture or agency relationship between the operator and the franchisor. Redevelopment Agency v. International House of Pancakes, Inc., 12 Cal.Rptr. 2d 358 (1992).
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.
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.
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.