Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Court Watch
Court Declines to Issue Preliminary Injunction Notwithstanding Franchise Agreement Properly Terminated
A federal district court in New Jersey found that a franchisor was likely to prevail on the merits and that continued use of the franchisor's name post-termination would create confusion in the mind of the public as to the source of the products sold, but declined to issue a preliminary injunction that would require the franchisee to turn over possession of the franchised locations to the franchisor. 7-Eleven, Inc. v. Sodhi, Bus. Fran. Guide (Wolterskluwer) '15,697 (D. NJ Feb. 9, 2016). There, the franchisee operated a number of 7-11 stores and was charged with having taken over $270,000 out of the business through manipulation of 7-11's loan.
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.
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.
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.