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Court Watch
Ninth Circuit Opinion Might Shift Many Unconscionability Claims to Arbitrator
In Nagrampa v. Mailcoups, Inc., 40 F.3d 1024 (9th Cir. 2005), Bus. Fran. Guide (CCH) '13,034 (March 21, 2005), the Ninth Circuit decided a case of first impression involving a franchise agreement with a standard arbitration clause: whether the arbitrator or the court decides the question of unconscionability. The answer depends on the nature of the challenge. The arbitration clause in Nagrampa was contained on the 25th page of a 30-page franchise agreement and covered all disputes, although there was a carve-out for intellectual property injunctive relief actions brought by the franchisor.
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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.