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Ohio's Revised Franchise Code Now in Effect
Amendments to the Ohio Business Opportunity Law went into effect a few months ago, offering what franchise attorneys are calling a balanced approach that improves pre-sale disclosures to protect franchisees but also gives franchisors greater protection from lawsuits that cite minor, technical violations of the state's rules.
The need for updates to the Ohio Business Opportunity Law can be traced to how Ohio regulates franchisors. Ohio is not a franchise-registration state, but its Business Opportunity Law regulates the industry. That law is, in some respects, more franchisee-friendly than federal law, so franchisors prefer not to be governed by it. A franchisor can qualify for an exemption from Ohio's rule (and be governed solely by the FTC's Franchise Rule) if it meets one of several criteria. The two most common paths are through a large-franchisor exemption or by complying with the FTC's franchise disclosure rules.
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.