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Arbitration: One More Look at Its Virtues and Vices
For several years, I have felt like Hamlet when I ruminate on the subject of arbitration clauses: To include, or not to include, an arbitration clause in the franchise agreements I draft. We all know the pros of arbitration that have been recited for many years. It is faster, cheaper, and more private ' so they say. However, I sense that “anecdatal” (anecdote and data) experiences neither unequivocally affirm nor deny this contention. And I perceive that many franchisor-oriented lawyers now have a more jaundiced view of arbitration than was previously the case, as do many franchisee-oriented lawyers.
I have not researched whether my hypothesis about franchisor skepticism is true, but a recent decision from the U.S. District Court for the Southern District of Ohio shows at least one case where a franchisee lawyer, and presumably his franchisee client, preferred not to arbitrate.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.