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What Canada's New Anti-Spam Legislation Means for Franchisors
Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world (S.C. 2010, c. 23, known colloquially as “CASL”). While first impressions may be that any anti-spam legislation is a benefit, a review of the legislation reveals restrictions and obligations that apply to virtually all commercial electronic messages, and certainly beyond what is typically thought of as spam. CASL also will enact rules to restrict spyware (installation of computer programs on another person's computer) and certain practices such as pharming and address harvesting. Both the anti-spam and spyware provisions are drafted broadly and will apply to most instances of the remote installation of a computer program on another person's computer, regardless of whether the program is installed for a malicious purpose. Accordingly, despite the seemingly good intentions of the legislation, it has the prospect of affecting virtually all legitimate businesses. Franchisors' relationships with customers and with their franchisees will be affected.
CASL focuses on three main topics: 1) restricting unsolicited commercial electronic messages, 2) restricting the installation of computer programs on another person's computer, and 3) other practices, such as pharming and address harvesting.
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.