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Franchisors May Have Standing to Seek to Quash Subpoenas Directed to Third Parties
What can a franchisor do if some of its franchisees or business partners (who are not parties to the litigation) are slapped with broad and burdensome subpoenas from disgruntled franchisees or potential franchisees in litigation? In many cases, the answer may be nothing. The Federal Rules of Civil Procedure generally do not allow a party to seek to enforce the rights of others (many states have analogous rules, as well).
Notwithstanding the general rule, one federal district court recently found that Dunkin' Donuts, Inc. and Baskin-Robbins USA, Co. had standing to object to nine subpoenas served on third parties even though the third parties themselves never directly sought the court's protection or involvement. Barkan v. Dunkin' Donuts, Inc., No. CA05-050L, 2008 WL 1924007, at *3 (D.R.I. Apr. 28, 2008). The subpoenas were served on investment banks involved in the acquisition of the defendants' corporate owner, other Dunkin' Donuts franchisees that purchased stores, another franchisee that apparently made unsuccessful efforts to acquire six additional stores, another bank, and the defendants' attorneys. Barkan, 2008 WL 1924007, at *1.
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?
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.
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.
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.