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Insurance, Indemnification and the Franchise Relationship: How to Make 'Belt and Suspenders' Work for Your Business
Contractual relationships create situations involving the transfer of risk among parties, and franchise relationships are no exception. Typically, the parties to a franchise agreement will rely on two different methods to apportion risk and provide themselves with protection: insurance and indemnification. Often referred to by the metaphor, “belt and suspenders,” the idea is to have two separate avenues of protection, and therefore to be doubly protected in the event of a loss or claim. But unless one is aware of the potential pitfalls, even so-called “iron-clad” indemnification clauses or insurance provisions in a franchise agreement can be all for naught.
This article discusses the interplay between insurance, indemnification, and the default common-law rules, so that franchisors and franchisees can avoid those dangerous pitfalls.
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.
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.