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Court Watch
While the existence of a “community of interest” is well-established as a fundamental definitional criteria of a franchise or dealership relationship, two recent cases illustrate that the resolution of the threshold issue of whether a sufficient “community of interest” exists in a given context remains somewhat unpredictable. Indeed, these cases reiterate the lack of a uniform test or set of factors universally applied by the courts in addressing this issue. On the contrary, these two cases show that even when courts purport to apply the law of the same state, they often apply divergent interpretations that lead to contrary results.
Missouri Beverage Co., Inc. v. Shelton Brothers, Inc.
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.
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.