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Policy and Regulatory Outlook: 2007 ' Franchise Industry Eyes New Congress
With the recent Congressional elections returning leadership of the U.S. Senate and House to Democrats for the first time in more than a decade, the business community is keenly interested in the priorities of the new Congress. While it is apparent that Congress will initially focus on issues outside the direct domain of franchising (Iraq, Congressional ethics, etc.), numerous matters of importance to franchisors and franchisees are on the table, too.
In this Q&A, experts in the political-regulatory environment facing the franchise industry take a look ahead at the issues that may arise. The panelists are: Frank Capaldo, executive director/CEO of the National Franchisee Association, Inc. ('NFA') David French, vice president, government relations, International Franchise Association ('IFA'); Susan Kezios, president, American Franchisee Association ('AFA'); Ronnie Volken-ing, director, government affairs, 7-Eleven; and Erik Wulff, partner, DLA Piper US LLP and executive editor, LJN's Franchising Business & Law Alert.
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.