LJN Newsletters

The DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.

Speed, smart speed, still wins in competition. Unfortunately, I find too many company executives are not heeding this reality when it comes to the changes in financial accounting for leases.

This article summarizes the new accounting model for lessees and addresses the impact the new model may have on financial and other covenants typically found in financing agreements, where the lessee is the borrower.

Who's doing what; who's going where.

Highlights of the latest franchising news from around the country.

Highlights of the latest franchising cases from around the country.

In the 2009 Fulbright & Jaworski L.L.P. Litigation Trends Survey, 42% of U.S. corporate counsel reported they expected an increase in the volume of legal disputes over the coming 12 months. The 2010 survey has proved them right.

During the election held on Nov. 2, 2010, Georgia's electorate voted to amend the state constitution of Georgia in a way that made effective on the next day legislation relating to non-competition covenants, namely HB 173 (the "Act"). The Act had passed in the 2009 legislative session and had been signed by the governor that year. Subsequent discussion about a wording issue in the amendment and the Act would suggest that the effective date may actually be Jan. 1, 2011, or maybe later if it is determined that a legislative fix of the effective date wording is required.