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Constructive Termination and Constructive Nonrenewal Claims
On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act (the “Act”). The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.
In Mac's Shell Service, Inc. v. Shell Oil Products Co. LLC, service station franchisees sued their franchisor, Motiva Enterprises LLC (a joint venture of Shell Oil and two other companies) for withdrawing a volume-based rent subsidy, thereby effectively raising the franchisees' rent when they were up for renewal. As each franchise agreement expired, Motiva offered new agreements that contained a new rent formula for calculating rent, which resulted in higher rent. The franchisees sued both for constructive termination and for constructive nonrenewal, while continuing in operation. The theme of the franchisees' case at trial was that the franchisor sought to drive the franchisees out of business for the purpose of taking over their service station locations.
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.
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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.