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Recent Developments in Enforcement of Forum Selection Clauses
Forum selection clauses are an important contractual tool for equipment lease finance companies. Such provisions allow a lessor, among other things, to institute all collection actions in a single jurisdiction. The result is reduced legal fees and costs, better predictability of results, and a lower risk of “home town” verdicts based upon factors other than a neutral application of the law. In short, judicial enforcement of forum selection clauses lowers the cost of leasing.
In the recent case of Financial Planning Alternatives, Inc. v. De Lage Landen Financial Services, Inc., 2012 WL 2588553 (Mass. App. June 28, 2012), the court affirmed a trial court's dismissal of a lessee's tort and consumer protection claims on the grounds that the lawsuit was brought in the wrong jurisdiction. The court observed that Massachusetts courts generally enforce forum selection clauses, even when included in so-called “contracts of adhesion.” Accordingly, plaintiff was bound by the contract's selection of a Pennsylvania forum.
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.
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.
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.