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Managing a Franchise System When 'Game-Changers' Arise
One of the difficult balancing acts encountered by all franchise systems is between the relatively static nature of the franchise agreement and the dynamic, impossible-to-predict changes that occur in the real world. At the 34th Annual ABA Forum on Franchising, held in Baltimore on Oct. 19-21, two industry veterans with perspective as senior in-house counsel spoke about how in-house counsel can identify potentially “game-changing” developments and lead their organizations' response.
There are good reasons why franchise contracts have fairly long terms, said Joel Buckberg, formerly executive vice president and deputy general counsel for Cendant Corporation, and currently of counsel to Baker Donelson Bearman Caldwell & Berkowitz, P.C., in Nashville. Franchisees need to amortize the cost of purchasing a franchise and making bricks-and-mortar investments without undermining the short-term cash flow needed to grow the business. Also, franchisees find it easier to obtain necessary loans if they have a long-term contract in place. “But at the same time, markets are dynamic,” Buckberg said. “[Court] decisions change the landscape. Technology is constantly evolving. Consumer preferences change. Who would have thought five years ago that social media would be a major form of marketing for franchises?”
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.