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Foreign Corrupt Practices Act Presents New Risk for Franchisors
No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act (“FCPA”), a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But Eric L. Yaffe, principal with Gray Plant Mooty, predicted that “it's just a matter of time” before a franchisor is accused of a violation, given the rapid expansion of international franchising operations and the very aggressive enforcement of the FCPA that began about a decade ago.
That blunt assessment was the motivation for a session about the FCPA at the International Franchise Association's 45th Annual Legal Symposium in Washington, DC, in May. Yaffe was joined by Sarah M. DiLorenzo, senior counsel for McDonald's Corporation, and Mary C. Spearing, partner, Baker Botts, L.L.P., for a discussion of the FCPA and anti-corruption laws in Canada and the UK.
The presenters began by summarizing the key provisions of the FCPA, and then they turned to its application in a franchising context. They observed that the Securities and Exchange Commission (“SEC”), which has civil jurisdiction over public companies, and the Department of Justice (“DOJ”), which has civil and criminal jurisdiction over all companies, have worked in tandem on numerous high-profile settlements in the last few years. The SEC and DOJ also have made it clear that they are going after individuals, as well as businesses, observed Spearing. “This was spurred by criticism from Congress, which said that financial settlements with companies, but without criminal charges, was treating the violations as merely a cost of doing business,” she said.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.