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Changes Recommended to Australian Franchising Legislation
The change of federal government in Australia on Sept. 7, 2013 has created some uncertainty in relation to the changes to the Franchising Code of Conduct (the Code) that were expected to result from a recent comprehensive review of the Code.
Incoming Federal Small Business Minister Bruce Billson has indicated that no action will be taken in relation to the Code prior to the end of the year, and that he intends to consult widely before considering any changes. Minister Billson is understood to be broadly supportive of the thrust of the Code recommendations, although in some areas he may consider further reforms to be desirable. An important complicating factor is that Billson has indicated he intends to proceed with legislation to prohibit unfair contractual provisions in standard form agreements. He has refused to rule out the application of such provisions to franchise agreements. No detail has been provided about how such provisions would be enacted. Similar reforms were introduced to the Australian Consumer Law in relation to consumer transactions. It is possible the government might seek to extend the application of these provisions to business transactions, although such an initiative is likely to be widely opposed by the business community.
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.