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Vicarious Liability
Nearly everyone has heard of the famous lawsuit in which a New Mexico woman sued McDonald's and was awarded several hundred thousand dollars after she spilled “too-hot” coffee on her lap, causing third-degree burns. In contrast, probably very few people know why she could sue the McDonald's corporation, even though the coffee was prepared and served by a McDonald's franchisee employee. The answer is vicarious liability.
Generally, when deciding whether to impose vicarious liability against a franchisor for acts of its franchisee's employees, courts measure the franchisor's control of franchisee operations. For instance, in the “hot coffee” lawsuit, the franchisor (the McDonald's corporation) was liable because it was the corporation ' not the specific franchise ' that mandated that coffee was to be served served at 180 to 190 degrees Fahrenheit. But franchisor control is not always so clear and straightforward.
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.