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Arbitration Provisions Continue to Make Waves
Franchisors are well aware of the U.S. Supreme Court's opinion earlier this year in AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S. Apr. 27, 2011), addressing whether class-arbitration waivers in standard form contracts are enforceable in actions brought by consumers. The Court held that class-arbitration waivers are enforceable based on federal law that protects agreements to arbitrate and cannot be found unconscionable under state law (California's in this case). The decision has been recognized as strengthening the hand of any business that designates arbitration for dispute resolution. (See FBLA, June 2011, for further discussion.)
In a recent presentation, Nixon Peabody LLP attorneys Gregg Rubenstein and Diana Vilmenay discussed arbitration-related litigation in light of AT&T Mobility LLC v. Concepcion and Stolt-Nielsen S.A. v. AnimalFeeds International Corp., decided by the Supreme Court in April 2010. “The Court in AT&T Mobility said it would enforce an arbitration agreement according to its terms. It said that's the purpose of the FAA,” said Rubenstein, explaining how it could come into effect in a franchise context. “If a franchisor enters into an agreement to arbitrate with a franchisee, and if that provision says that they agree to arbitrate any and all claims and agree that these must be done on an individualized basis, then federal courts will enforce it.”
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.