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Impact of Private Equity on Franchising
As 2013 begins, franchising is being transformed by major investments in franchise systems by private equity funds. FBLA asked leading franchise attorneys how they see private equity affecting the industry, and their responses reflect widespread optimism that these investors are bringing much more than (the widely appreciated) funding that can fuel franchise expansion. With their focus on investor returns, private equity investors can help franchises to define their strategies more carefully and to be relentless in seeking to improve profitability. However, these benefits come at the price of a loss of independence that can be especially hard for founders of franchise systems who have accepted private equity ownership.
Most Influential Force in Franchising Today
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.
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.