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Court Watch
Court Dismisses Franchise Act Claims
Businesses alleging their status as franchisees are often quick to assume the applicability of protective franchise acts and rely upon them as leverage against the alleged franchisor. In those instances where the alleged franchisee operates in multiple territories, there may be a significant number of franchise acts claimed to apply. The first thing experienced franchisor litigation counsel will do once a dispute arises is determine whether there are grounds to challenge the initial applicability of those franchise acts. The recent decision in Rogovsky Enterprises, Inc. v. MasterBrand Cabinets, Inc., No. 3:15-cv-00022, 2015 WL 7721223 (S.D. Ind. Nov. 30, 2015), demonstrates that if the alleged franchisor can successfully challenge that the necessary elements of a franchise exist under one state's statute, that likely spells the end for some or all of the alleged franchisee's other franchise act claims as well.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.