Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Court Watch
The Enforceability of Liquidated Damages Clauses in Hotel Franchise Agreements
Liquidated damages provisions are found in many franchise agreements, particularly in those used in the hotel industry. The fundamental purpose underlying these provisions is to allow the parties, at the time of contract formation, to agree to a specific methodology or formula to compute potential damages for certain subsequent contract breaches. Liquidated damages provisions can be extremely beneficial in helping parties to avoid the difficulty and expense that otherwise might be incurred to prove damages, and they are most useful in those situations where the calculation of actual damages would be complex and would require the analysis and opinions of expert witnesses. The basic goal of such provisions is to allow the non-breaching party to recover a fair and reasonable approximation of its actual damages, without having to go through the inordinate trouble and expense required to prove actual damages.
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.