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Finding Balance in Franchise Agreements
“Any notion that granting a franchise is a privilege needs to be struck from the conversation. We are not commodities. We are partners, and a franchisor has the obligation to help us succeed,” stated multi-brand franchise operator Aziz Hashim during the opening panel discussion at the IFA's 46th Annual Legal Symposium in Washington, DC, in May.
This assessment came as Hashim and co-panelist Kenneth D. Walker, CFE, the past IFA Chairman of the Board and a former CEO of Driven Brands, Inc. (franchisor of Meineke Car Care Centers), reflected on today's hot-button issues in the franchisor-franchisee relationship. With moderator Joel Buckberg, of counsel with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Hashim and Walker discussed everything from roadblocks for successful operators to sell their franchises, to proper use of advertising funds, to whether franchise executives should appear on the TV show “Undercover Boss.”
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.