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Court Watch
Cooperation with Government Might Not Avoid Equitable Relief Payment ' and Attorneys Beware!
Reported cases brought by the Federal Trade Commission under the FTC Franchise Rule are rare, largely because most targets do not have the resources to go to battle with the federal government. In Federal Trade Commission v. Network Services Depot, Inc. 2010 WL 3211724 (9th Cir. Aug. 16, 2010), the FTC filed suit in Nevada against the promoters of an Internet kiosk business opportunity. The case is worthy of attention because of its interesting facts that deal with the quantum of proof necessary to hold individual owners and executives liable for equitable monetary relief. Further, the case is important for the franchise bar because it imposed a constructive trust on legal fees paid to the attorneys representing the defendants.
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.