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Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
For many years, it's been assumed that when franchisors and franchisees are locked in an unsolvable dispute, franchisors prefer arbitration to courtroom litigation. Mandatory arbitration clauses have become standard-issue in franchise contracts, and, most likely, they have stifled a fair amount of courtroom action. Franchisors, and businesses generally, have found mandatory arbitration in class action litigation to be valuable.
However, litigation about whether mandatory arbitration clauses do, indeed, require arbitration seems to be a growth industry. Most recently, the U.S. Supreme Court, in ATT Mobility v. Concepcion, 563 U.S. __ (2011), upheld a mandatory arbitration clause in a consumer class action. The decision was widely viewed as a significant win for the business community.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.