The TAP Pharmaceutical Acquittals
In 2001, the U.S. Attorney in Boston charged TAP Pharmaceutical Products Inc. (TAP) with conspiring to provide urologists with thousands of free samples of Lupron', for which the doctors billed Medicare and their patients. In order to survive and continue selling its blockbuster product for advanced prostate cancer, TAP made a reasoned decision to pay the government $885 million to resolve both civil and criminal charges. With this resolution, Boston's talented federal prosecutors continued their remarkable success in bringing major pharmaceuticals to their knees and reaching landmark settlements.
Supreme Court Gives the Defense a Boost in Plea Bargaining
The Supreme Court's Jan.12 decision in <i>U.S. v. Booker</i>, which made the federal Sentencing Guidelines advisory rather than mandatory, is likely to: 1) prove modest in its impact on sentences in the short run; 2) alter a bit the balance of power among prosecutors, defense attorneys and judges; and 3) spur Congress to make federal sentencing even more Draconian than it was for 2 decades under the mandatory Guidelines.
In The Courts
Recent rulings of importance to you and your practice.
Failing to Report Suspicious Activity
Recent criminal investigations of banks show that prosecutors are increasingly taking a hard look at financial institutions that allow themselves to be used by wrongdoers, from scam artists to terrorists. Banks, and myriad other entities deemed "financial institutions" under federal law, have an obligation to report suspicious activity to law enforcement. In what some consider a dramatic change in policy, prosecutors are increasingly willing to investigate and prosecute financial institutions for failing to meet this obligation -- even where the institution did not participate in the wrongdoing.
Indian Country: Franchising's Latest Frontier
Is your franchise looking to penetrate new or emerging domestic markets? If so, your company should consider franchising in Indian Country. The $18-billion Indian gaming industry is rapidly transforming the face of tribal lands and drawing <i>millions</i> of people to the reservation for business, employment, or recreation. It is that enormous influx of people onto tribal land ' a "captive audience" of reservation consumers ' and a relaxed regulatory environment that make Indian Country ripe for franchising.
New China Franchise Regulation
The world's most populous country, China, is opening its door to foreign franchisors, in accordance with its WTO commitments. To accommodate this new reality, the Chinese government has published a new franchise regulation. On Dec. 31, 2004, the Ministry of Commerce ("MOFCOM") published Measures for the Regulation of Commercial Franchise Operations (the "Measures").
Court Watch
Highlights of the latest franchising cases from around the country.
Clarification
In our Dec. 2004 issue, in a News Brief about Santa Fe, NM's, new living wage law and its effect on franchisors, we wrote that Cold Stone Creamery was among the companies that had been identified as possibly paying sub-minimum wages. Douglas A. Ducey, chairman and CEO of Cold Stone Creamery, contacted <i>FBLA</i> to clarify that Cold Stone Creamery was not sued for violating the minimum wage law. Ducey added that the company's franchisee in Santa Fe raised the minimum wage to $8.50/hour "weeks" before our story was published "in spite of doubts whether the law applied." Ducey also pointed out "the potential for employees to earn even more than the minimum wage with customer tips."
News Briefs
Highlights of the latest franchising news from around the country.
