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Arbitration: Franchisor's Friend or Foe?
In addressing the issue of whether an arbitration clause made sense for a franchisor client, for years I have waffled on how to advise that client. In informal discussions with my colleagues, I have discovered that I am not alone on this problem.
I recall several years ago managing a piece published in the Franchise Law Journal where four prominent franchise attorneys were asked to pontificate on the issue ' two represented primarily franchisors, and two represented franchisees. Intentionally, we chose from each camp advocates who had differing views on the issue. I have since observed that this group was more representative of the split within the franchise lawyer community on this issue than I would have predicted at that time. My anecdotal experiences over the last two decades confirm this sharp split. The truth is that this question is not simple to answer. There are many factors that come into consideration, including the size and strength of the franchisor as compared with its franchisees; the complexity of the issues that are likely to arise in disputes; the projected costs of judicial litigation as compared with arbitration; whether prompt adjudication is important; and the number of disputes anticipated ' to name only some of the more key considerations.
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.