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Court Watch
Quiznos' Termination Of Franchise Agreement Declared Unlawful
In December 2008, the District Court for the City and County of Denver, CO, found that a sandwich shop franchisor's actions were wrongful and therefore constituted a breach of the franchise agreement when the franchisor purportedly terminated the agreement of a franchisee who, according to the franchisor's test, had failed to use the required amount of meat to make a single sandwich ordered and inspected by the franchisor's “mystery shopper.” The court found that the franchisor's quality-control test was inherently unreliable for multiple reasons and that the franchisor had wrongfully treated this franchisee differently from other franchisees who had failed the same test; therefore, the franchisor's decision to terminate the franchise agreement on the basis of that test violated the franchisor's obligation to act reasonably when exercising its discretion in determining (as permitted by the terms of the franchise agreement) whether the franchisee's actions had materially impaired the goodwill associated with the franchisor's trademarks. Quiznos Franchising II, LLC v. Zig Zag Restaurant Group, LLC, Case No. 06CV10765 (Colo. Dist. Ct. Dec. 31, 2008).
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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.