Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Non-Reliance Disclaimers and Anti-Waiver Provisions
A number of conflicting decisions over the past year and a half concerning whether provisions prohibiting waiver of duties or liabilities under the New York Franchise Act prohibit franchisors from interposing franchisee “non-reliance” franchise agreement disclaimers when confronting fraud actions brought under the Act makes clear that this critical area of law will remain muddied until New York's appellate courts, and conceivably the Court of Appeals, decisively rule on the subject.
“Non-reliance” franchise agreement disclaimers are provisions in a franchise agreement, pre-signing questionnaire or separate writing (letter, franchisee “acknowledgement” or franchisee attestation) in which a franchisee acknowledges that, other than representations set forth in the franchisor's Franchise Disclosure Document and franchise agreement, the franchisee did not rely on any representations that may have been made in the franchise sales process regarding a specific subject or subjects, most commonly financial performance representations (how much money, on average, franchised or company-owned units gross or net) or guarantees of success.
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.
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.
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.