Features
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Preventing Conflicts Between Secured Creditors and Franchisors
A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.
Features
Franchise Companies vs. Hackers: Twenty Questions on Cybercrime
The 21st century is clearly the age of cybercrime, and franchise companies should be especially concerned because, simplistically, there are only two types of computer systems: those that have been hacked, and those that will be hacked.
Features
Business Crimes Hotline
Recent rulings of interest to you and your practice.
Compliance Now More Than Ever
In a profit- and loss-driven world, there is always a risk that companies facing an uncertain economic future may choose to cut compliance expenses," SEC Chairman Christopher Cox noted last November at the SEC's Compliance Officer Outreach National Seminar. Then he issued a stern warning: "When a company cuts compliance, violations will occur. And if violations occur, punitive actions should and will be taken."
Features
Being Ready for Government Investigations in a Time of Financial Crisis
In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.
Corporate Criminal Liability
In January, the Second Circuit affirmed the conviction of Ionia Management S.A. (Ionia) for criminal acts of its non-management employees. While the affirmance of a conviction is commonplace, what set this appeal apart is that the Association of Corporate Counsel, the Chamber of Commerce of the United States of America, and other prestigious amici supported Ionia's argument that the Second Circuit should revisit its long-standing rule that a company can be held criminally liable for acts of even low-level employees.
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MOST POPULAR STORIES
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- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›