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Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
A significant legal development has occurred, which directly impacts any retail tenant with business operations in California. Retailers who ask customers for their ZIP Codes at the time of a credit card purchase may now find themselves the subject of class-action claims alleging violations of California's Song-Beverly Credit Card Act (the Credit Card Act). There has been a recent flood of plaintiffs' cases filed in California state and federal courts. These class-action lawsuits request a penalty of up to $1,000 for each customer whose ZIP Code was requested by a retailer in the last 12 months. Thus, the penalties requested for alleged violations of the Credit Card Act are astronomical.
The Credit Card Act, codified at California Civil Code ' 1747.08, prohibits vendors from requesting and recording “personal information” in connection with credit card transactions. The statute defines “personal information” as “information concerning the cardholder, other than information set forth on the credit card and including, but not limited to, the cardholder's address and telephone number.” Civil Code ' 1747.08(b).
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.
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.
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.