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Hidden and Creeping Franchise Fees
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a “fee” to the franchisor or its affiliate (hereinafter referred to collectively as the “Franchisor”). The term “fee” is broader than it might first appear. Direct fees are easy to spot ' usually, they are represented by cash payment to the franchisor for the right to obtain access to the franchisor's system and trademarks, and may be up-front payments or ongoing royalty payments.
There are some exceptions to this definition. For example, payments for inventory sold to a franchisee at bona fide wholesale prices are not considered fees. Also, in some jurisdictions, there are exemptions for small payments ' typically $500 or less.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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.
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.