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Why Private Equity May Be the Preferred Vehicle for Franchise Expansion
Why is private equity funding the hottest thing in franchising today? In the past 12 months, private equity buyouts have included well-known brands such as Cinnabon, Church's Chicken, Taco Bueno (a regional taco maker), and regional frozen dessert operator Rita's Italian Ice.
In the last quarter of 2005, two huge transactions occupied the financial stories about franchising. First, Dunkin' Brands Inc., the umbrella company for the Dunkin' Donuts, Baskin Robbins and Togo's brands, was spun off by Pernod Richard, the French wine and spirits manufacturer, to raise money for its recent acquisition of British distiller Allied Domecq PLC. Dunkin' Brands was purchased for more than $2.4 billion by a consortium of equity firms Bain Capital Partners, the Carlyle Group, and Thomas H. Lee Partners. Second, Quiznos, the fastest-growing sandwich restaurant chain in the United States, hired Wall Street investment bank Goldman Sachs Group Inc. to find a buyer for the chain.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.