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Foreign Corrupt Practices Act Presents New Risk for Franchisors
No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act (“FCPA”), a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But Eric L. Yaffe, principal with Gray Plant Mooty, predicted that “it's just a matter of time” before a franchisor is accused of a violation, given the rapid expansion of international franchising operations and the very aggressive enforcement of the FCPA that began about a decade ago.
That blunt assessment was the motivation for a session about the FCPA at the International Franchise Association's 45th Annual Legal Symposium in Washington, DC, in May. Yaffe was joined by Sarah M. DiLorenzo, senior counsel for McDonald's Corporation, and Mary C. Spearing, partner, Baker Botts, L.L.P., for a discussion of the FCPA and anti-corruption laws in Canada and the UK.
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.