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Developments in Vicarious Liability
Franchisors generally have deeper pockets than their franchisees, making them an obvious target for vicarious liability lawsuits when a customer or client of a franchise is harmed or believes he has been harmed. These claims are regularly advanced by plaintiffs, even though “part of the very nature of setting up a franchise system is to limit [the franchisor's] liability and to push liability down to franchisees, who really have control over their own business operations,” said Nixon Peabody partner Gregg Rubenstein during a Webinar in December about vicarious liability trends in franchising.
Courts have occasionally concluded that a franchisor might be liable for the actions of its franchisee or for harm suffered on the premises of a franchisee. Rarely do these issues arise in the most common form of vicarious liability claim, those related to the actions of an employee, because franchisors have been very successful at writing contracts that make it clear that franchisees are employing their workers, not franchisors.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.