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Captive Insurance Considerations for Franchises
The 1994 product liability lawsuit Stella Liebeck v. McDonald's Restaurants, P.T.S., Inc., and McDonald's International, Inc., is one of the most famous pieces of litigation of all time. It's also every franchisee's nightmare.
The facts of the case are well known. After ordering a cup of McDonald's coffee from one of the store's franchises, Stella Liebeck, 79, accidentally spilled the hot liquid on herself while sitting in the passenger seat of a parked car. The incident resulted in third-degree burns on 6% of her body, resulting in two years of medical treatment. She initially approached the franchisee for a settlement to help cover the costs of her medical treatment and lost wages, but the franchisee refused. The matter then snowballed into court and onto national television, resulting in a public relations snafu that has stuck with McDonald's and its franchises since that day.
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.