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From the International Franchise Expo: Optimism Overshadows Recession
Franchisors are an optimistic bunch. As entrepreneurs and sales people, franchisors believe that their destiny is to create national and international brands. Obstacles that might intimidate many people, even other business owners, appear to franchisors as mere nuisances. Given this perspective, it was no surprise to find an increased number of franchisors at the International Franchise Expo ('IFE') in Washington, DC, in April, and to find them determined to prosper even when the U.S. and world economies are struggling.
Franchisors are certainly aware of the U.S. recession, but attendees at the IFE were far from despondent about their businesses or about franchising in general. They see opportunities even in a downturn, and they came to the IFE to generate business as well as to learn from franchise attorneys about the mandates of the new Franchise Disclosure Document ('FDD') and how to build good relationships with their franchisees.
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.