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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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.