Pay to Play
December 21, 2010
There is heightened scrutiny and a new regulatory regime around pay-to-play issues and public pension fund investments throughout the country.
Sentencing of Individuals in FCPA Cases
December 21, 2010
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.
The Market View
December 21, 2010
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.
Lease Accounting, Financial and Other Covenants
December 21, 2010
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.
New Briefs
December 21, 2010
Highlights of the latest franchising news from around the country.
Court Watch
December 21, 2010
Highlights of the latest franchising cases from around the country.
2010 Litigation Trends Survey
December 21, 2010
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.
Georgia Law Regarding Non-competes Is Revised
December 21, 2010
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.
Federal Appellate Court Says Franchisor's Claims Belong in Federal System
December 21, 2010
The U.S. Court of Appeals for the Fourth Circuit recently reversed a district court's dismissal of a franchisor's claims, notwithstanding the fact that the franchisor submitted a summary judgment filing that requested less in money damages than the $75,000 referenced in Section 1332(a) of Title 28 of the United States Code.
