Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Court Watch

By Charles G. Miller and Darryl A. Hart
December 27, 2007

CA's Material Modifications Statute May Be Applicable After Franchise Agreement Ends

In a ruling on a motion to dismiss a cause of action for violation of the California Franchise Investment Law ('CFIL'), a federal district court found that California's unique material modification statute, California Corporations Code '31125, can be raised when a franchise agreement's status is changed into a bailment of intellectual property rights. In Romio's Franchise Group, Inc. v. Romio's of California, et al., CCH ' 13,740 (USDC Central D. Cal. Sept. 25, 2007), the court had to decide whether a cause of action was stated where an agreement assigning a franchisor's intellectual property to a former subfranchisor was a material modification of a subfranchise agreement, even though as part of the same transaction the parties sought to cancel the subfranchise agreement.

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

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.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

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 Image

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 Image

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.