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Honesty Is Fundamentally the Best Policy
The Superior Court of Pennsylvania recently delivered good news for franchisors and their counsel, as it expressly held 'that there are circumstances where the nature of the breach permits the aggrieved party to immediately terminate the contract despite a 'cure' provision where a franchisee commits grievous acts of dishonest conduct.' In LJL Transp., Inc. v. Pilot Air Freight Corp., __ A2.d __, 2006 PA Super 176, 2006 WL 1977508 (Pa. Super, Pa. July 17, 2006) (No. 2068 EDA 2005), Judge Richard B. Klein, with Judge Maureen Lally-Green concurring, authored the opinion affirming a Northampton County trial court's order denying the franchisee's motion for summary judgment and granting the franchisor's cross-motion for summary judgment.
As recognized by the trial court, the case was one of first impression in Pennsylvania. At issue was an examination of the propriety of a franchise termination arising out of a franchisee's demonstrated and admitted lack of honesty. The facts are simple. Franchisor, Pilot Air Freight Corporation ('Pilot'), terminated its Lehigh Valley and Harrisburg, PA, franchisee's franchise agreement without affording the franchisee an opportunity to cure pursuant to the agreement's 90-day cure provision. Pilot stated that its reasons for terminating the franchise were that the franchisee: 1) improperly shipped products through third-party affiliated entities of the franchisee, ie, other than Pilot, and 2) failed to disclose those shipments and payments to Pilot.
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.
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.