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Is Your Franchise Still Breaking the Gift Card Laws?
One of my law school buddies is a class action plaintiffs' lawyer. During law school, when the rest of us were out searching for jobs, he was searching for products that did not work. He loved spending time in the law library, finding arcane regulatory schemes that no one else could stay awake long enough to read, and dreaming of ways to make companies
pay for not complying.
Whenever we go out, conversation inevitably turns to his latest idea for a class action, and he usually does most of the talking. But in early 2010, he let me lead the conversation. Congress had passed the Credit Card Responsibility Act in February 2010, and the Treasury's rules enforcing the law, called Regulation E, were to go live on Aug. 22, 2010. One of my firm's biggest clients asked us to figure out the rules and tell them what they needed to do to comply.
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.