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Supreme Court of Canada Voids Non-Compete Clause
The Supreme Court of Canada ruled in an employment dispute that a non-competition covenant was not enforceable, indirectly giving new guidance for franchisors about non-compete covenants with franchisees (Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 (Jan. 23, 2009), available online at: http://csc.lexum.umontreal.ca/en/2009/2009scc6/2009scc6.html). The primary lesson for U.S. based franchisors is that the “blue-pencil” rule may only be resorted to in rare cases where the part being removed is trivial, and not when it is a substantive part of the restrictive covenant.
An insurance broker by the name of Shafron had sold his business and became an employee of the purchaser. The business was sold again, but Shafron received none of the proceeds. Then he left his job in Vancouver and went to work for a competitor in Richmond, just across the north arm of the Fraser River from the City of Vancouver.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
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
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?
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.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."