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News Briefs
Update: Utah Subway Franchise Dispute
Last month, the U.S. District Court for the District of Utah was asked by both parties for summary judgment in a lawsuit that pits a prospective Subway franchisee against the Town Council of Springdale, UT. Izzy Poco, LLC, a prospective Subway franchisee, filed a lawsuit in June 2010 against the Springdale Town Council over the city's ordinance against formula restaurants and the apparent unwillingness of Council members and other city officials to allow Izzy Poco to modify the Subway store to meet the ordinance, as other franchised businesses have done (see FBLA, December 2011, page 8). Earlier, the court had granted summary judgment to remove individuals in city government who were named in the lawsuit.
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.