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Successful Mediation Tactics and Strategies
Whether mediation is voluntary or mandatory, and whether it's court-ordered or required by the franchise agreement, franchisors will sooner or later find themselves mediating a dispute with a disgruntled franchisee. A session at the International Franchise Association's 45th Annual Legal Symposium on May 20-22 in Washington, DC, addressed the key issues that franchise attorneys should consider prior to and during a mediation.
Perhaps the most important benefit of mediation is the degree of control afforded to the parties in the dispute, observed Gretchen Jankowski, shareholder with Buchanan Ingersoll & Rooney PC (Pittsburgh), who was the moderator for the panel discussion. In a mediation, both parties can avoid the uncertainty, the “black box” of a courtroom in which decisions are out of the parties' control. “Any time a court makes the final decision, whether after trial or motion practice, someone other than the client is the decision maker,” she said.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.