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Court Watch
Franchisor's Attempt to Remove State Court Case for Fraud, State RICO Law Violations Fizzles
Franchisors, more often than not, prefer to litigate in federal court when they are sued by franchisees. Since franchisors do not have the ability to control where the case is to be filed when they are on the receiving end, they sometimes have to resort to creative means to effect removal of state court cases to federal courts. The basis for removal is either diversity of citizenship (as long as the diverse defendant is not a citizen of the state where suit has been filed) or that the litigation is a federal question. Plaintiffs will usually anticipate the possibility of removal by either naming defendants who are non-diverse or crafting their claims as based on state, not federal, law. Federal courts require that removal notices lay out the basis for removal, since in some instances a federal court, sua sponte, without any motion to remand, will remand a case based on its reading of the removal notice; this reflects the importance of anticipating such possible action in drafting the removal notice. This happened recently in a case brought by Quiznos franchisees against a number of Quiznos-related parties in Colorado state court. PT Sak, LLC v. QFA Royalties, LLC, Bus. Fran. Guide (CCH ' 14,996 (D.CO Feb. 11, 2013).
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.
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.
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.