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Court Watch
Distributor Not a Franchisee Under Connecticut Franchise Act
In Echo, Inc. v. Timberland Machines & Irrigation, Inc., 661 F.3d 959 (7th Cir. Oct. 25, 2011), the Seventh Circuit held that a supplier and distributor did not have a franchise relationship where less than 50% of the distributor's sales resulted from the supplier's products. The case arose out of the termination of the relationship between a distributor, Timberland Machines & Irrigation, Inc. (“TMI”), and a supplier, Echo, Inc. The parties entered into a distributor agreement in 2004, under which TMI distributed outdoor power equipment supplied by Echo in a territory covering several states in New England. On Oct. 21, 2008, Echo gave TMI written notice of its intent to terminate the distributor agreement in 60 days. After the notice period, Echo terminated the distributor agreement and gave the territory to another distributor.
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.