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The Different Types of Arbitration Awards
This is the third in an ongoing series of articles that will provide franchise attorneys with practical advice about arbitration.
Arbitration can be a quick, efficient and informal means to resolve disputes. Plus, parties can adapt arbitration to their needs. They even can decide the type of arbitration award they want. The only requirement is that an arbitration award must be in writing. See, e.g., Uniform Arbitration Act '8(a) (“The award shall be in writing and signed by the arbitrators joining in the award.”); 42 Pa. Cons. Stat. Ann. '7310 (“The award of the arbitrators shall be in writing and signed by the arbitrators joining in the award.”). Recognizing that old-fashioned “writings” are being used less and less, the revised Uniform Arbitration Act states that: “An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award.” (The revised Uniform Arbitration Act has been enacted in almost 20 states.)
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.