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Interlocutory Injunctions in the Franchise Context
Injunctions play a key role in franchising. They enable franchisors to enforce in-term and post-term covenants contained in their franchising agreements to protect their brand, reputation, and franchise system generally. They also allow franchisees to enjoin franchisors from wrongfully terminating their franchise relationship.
When pending a trial wherein a franchisor seeks to enjoin a franchisee from breaching a restrictive covenant or a franchisee seeks to enjoin a franchisor from terminating their relationship, Canadian courts have generally applied the following three-part test (the “Test”): 1) Is there a serious issue to be tried?; 2) Will the moving party suffer irreparable harm if the injunction is not granted?; and 3) Does the balance of convenience lie in favor of granting the injunction? (The quintessential test for an interlocutory injunction is set out in R.J.R MacDonald Inc. v. Canada (A.G.), [1994] 1 S.C.R. 31 at pp. 334-343.) Where the facts satisfy the Test, Canadian courts have typically granted an injunction without paying too much attention to the merits.
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.