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Court Watch
Concealing Rebates from Franchisee No Violation, But Minnesota Court Rules Earnings Claims Might Be Fraudulent
The U.S. District Court for the District of Minnesota has ruled that a tire and oil-change franchisor's failure to disclose rebates that it received from suppliers did not violate the Illinois Franchise Disclosure Act (IFDA) or constitute fraud by omission, but it may have committed fraud under the IFDA and common law by making sales projections that were false and not included in the UFOC as earnings claims. In a separate opinion, the court permitted the franchisee to amend the counterclaim to request punitive damages. Team Tires Plus, Ltd. v. Mark Heartlein, et al., __ F.Supp.2d __, CCH Bus. Fran. Guide Par. 12,820 and __ F.Supp.2d __, CCH Bus. Fran. Guide Par. 12,821 (D.Minn. 2004).
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The 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.