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From the IFA's Legal Symposium
In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations, such as airports, colleges and hospitals. These twin developments have been, for the most part, highly positive for the franchising industry.
However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD. In order to come to agreements with attractive franchisee prospects or to reflect the unique circumstances of nontraditional venues, franchisors have often had to abandon their take-it-or-leave-it attitude about their form contract. Moving on to the next candidate or the next venue in a tough economy isn't a recipe for brand growth. How franchisors can both satisfy their needs for standardization while meeting the circumstances that arise with sophisticated investors and in nontraditional venues was the subject of a session on advanced contract negotiating and drafting techniques at the IFA's 46th Annual Legal Symposium in May.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.