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No Absolute Right to Rescind Based on Franchisor's Violation of State Law
One of the consequences feared most by franchisors relating to a violation of state franchise laws is the potential that a franchisee may be able to rescind the purchase of its franchise. A violation of state franchise laws during the sales process can result in the franchisee being able to terminate the franchise agreement and receive reimbursement from the franchisor of all sums paid to it during the franchise relationship (after giving back all tangible materials supplied to the franchisee by the franchisor).
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.
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.
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 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.