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Court Watch
New CO Appellate Case Has Something for Everyone
In a closely watched case in which the International Franchise Association (“IFA”) and the American Association of Franchisees and Dealers (“AAFD”) filed amicus briefs, the Colorado Court of Appeal had occasion to deal with a number of issues that often come up in franchise litigation, including the impact of exculpatory clauses, waiver of jury trial, effect of the FTC Rule on disclosure, and liability of attorneys for aiding and abetting disclosure violations. Colorado Coffee Bean, LLC v. Peaberry Coffee, Inc. 2010 WL 547633 (Colo. App. Feb. 18, 1010) involved Peaberry Coffee franchises in Colorado. Defendants were the franchisor, its parent, the law firm that assisted in drafting the UFOC, and certain officers or shareholders of the franchisor and its parent. The case was tried before a judge because of a jury trial waiver in the franchise agreement.
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.