Preventing Conflicts Between Secured Creditors and Franchisors
February 24, 2009
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.
Franchise Companies vs. Hackers: Twenty Questions on Cybercrime
February 24, 2009
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.
Compliance Now More Than Ever
February 23, 2009
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."
Corporate Criminal Liability
February 23, 2009
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.
Litigation
February 23, 2009
Recent rulings of importance to you and your practice.
Expert Witnesses and Consultants
February 23, 2009
This article discusses the elements of cautious team management, with particular emphasis on the interplay between testimonial experts, non-testimonial consultants, and the attorney.
