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Court Watch
New CO Appellate Case Has Something for Everyone
In a closely watched case in which the International Franchise Association (“IFA”) and the American Association of Franchisees and Dealers (“AAFD”) filed amicus briefs, the Colorado Court of Appeal had occasion to deal with a number of issues that often come up in franchise litigation, including the impact of exculpatory clauses, waiver of jury trial, effect of the FTC Rule on disclosure, and liability of attorneys for aiding and abetting disclosure violations. Colorado Coffee Bean, LLC v. Peaberry Coffee, Inc. 2010 WL 547633 (Colo. App. Feb. 18, 1010) involved Peaberry Coffee franchises in Colorado. Defendants were the franchisor, its parent, the law firm that assisted in drafting the UFOC, and certain officers or shareholders of the franchisor and its parent. The case was tried before a judge because of a jury trial waiver in the franchise agreement.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.