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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.
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.
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.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.