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The NJ Franchise Practices Act and the Legacy of 'Instructional Systems'
The New Jersey Franchise Practices Act, N.J.S.A. 56:10-1, et seq. (NJFPA) is a powerful tool for those businesses that qualify for its protections. Under the NJFPA, a franchisor cannot terminate a franchisee without good cause, even where doing so would be perfectly acceptable under the parties' contract. N.J.S.A. 56:10-5. The NJFPA also prohibits a franchisor from imposing “unreasonable standards of performance” on a franchisee. Id. at 56:10-7. These prohibitions stem from the overriding purpose of the NJFPA ' to protect otherwise vulnerable franchisees, who make substantial investments in a franchise and build a franchisor's brand, yet retain little bargaining power with the franchisor.
Who, then, qualifies as a “franchisee” protected by the Act? In some circumstances, a business that looks nothing like a stereotypical franchise.
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.
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.
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.