Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Court Watch
Recent Cases Raise Red Flags for Franchise Agreement Drafters
In connection with concluded litigation, Item 3 of the 2007 Federal Trade Commission Franchise Rule (16 CFR Part 436) requires that a Franchise Disclosure Document (FDD) disclose all material terms of any settlements, whether or not the settlement agreement is confidential, as long as the settlement was entered into after the franchisor began selling franchises. (16 CFR '436.5(c)(3)(ii)). In Caudill et al v. Keller Williams Realty Inc., Bus. Fran. Guide (CCH) '15,162 (USDC N.D. Illinois, Oct. 31, 2013), the parties had entered into a Settlement Agreement and Mutual Release resolving a prior lawsuit between them. The settlement agreement stated that “[t]he terms, covenants, conditions of this settlement, specifically including the amount to be paid in settlement ' will be held strictly in confidence and will not be disseminated or disclosed by the parties ' except to ' governmental agencies or regulatory authorities as required by law.” The settlement agreement provided for liquidated damages in the amount of $10,000 for each breach of the confidentiality provision.
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.