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Court Watch
Franchisor Found Liable For Former Franchisee's Lease Obligations
In light of a rise in abandonment by franchisees of their franchised locations, franchisors are resorting to unprecedented measures to attempt to ensure that no interruption in services occurs to the customers of the abandoning franchisee. Some franchisors have undertaken the practice of entering the franchised location and managing its operations until a purchaser is found. However, a recent case arising from the Texas Court of Appeals serves to remind franchisors to exercise caution when resorting to such measures. Cottman Transmission Systems, L.L.C. et al. v. FVLR Enterprises, L.L.C., 2009 WL 2488505 (Tex. Ct. App. Aug. 17, 2009).
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.
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?
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.
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.
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.