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Contractual Jury Waivers: New Case Before California Supreme Court Presents a Challenge
A closely watched case now before the California Supreme Court will impact the way equipment lessors do business. In Grafton Partners L.P. v. Superior Court, 9 Cal.Rptr.3d 511 (2004), the California Court of Appeal held that predispute contractual jury waivers are unenforceable under the California Constitution. The case has been accepted for review by the California Supreme Court, and a decision is expected next year.
If upheld, Grafton will call into question the long-standing practice of including jury trial waivers in equipment leases and commercial finance agreements. The outcome of the Grafton case is thus important to equipment lessors not only in California, but across the country. If Grafton is affirmed and predispute contractual jury waivers are invalidated, equipment lessors could face adverse consequences including:
- Increased litigation costs;
- Increases in the time necessary to resolve disputes;
- Increased uncertainty due to the fact that jurors may be unsophisticated and unfamiliar with complex financial transactions; and
- The potential of adverse results due to possible jury bias in favor of lessees and borrowers.
The outcome in Grafton will thus affect not only the manner in which lessors draft their leasing agreements, but the way in which disputes are resolved in the courts. If the California Supreme Court upholds Grafton, lessors will be confronted with increased costs and uncertainty as to their ability to collect from defaulting lessees.
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.
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.
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.