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Court Watch
Boilerplate Choice of Law Provision Causes Application of California Franchise Relations Act to Out-of-State Franchisee
Use of boilerplate clauses sometimes can backfire as illustrated in a recent Memorandum and Order Re Motion to Dismiss issued by Judge Charles R. Breyer of the U.S. District Court, Northern District of California. In Gabana Gulf Distribution, Ltd., et al v. Gap International Sales, Inc., et al, CCH Bus. Fran. Guide '13,420 (USDC N.D. Cal., Aug. 14, 2006), the court found that the good cause termination provisions of the California Franchise Relations Act ('CFRA') apply to a 'Distributor Agreement' between Gap International Sales, Inc., a Delaware corporation with its principal place of business in California ('Gap'), and Gabana Gulf Distribution, Ltd., a company formed in the United Kingdom with its principal place of business in Switzerland ('Gabana').
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.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
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.