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Living in the Shadow of National Survival Game
On Nov. 14, 1988, the Honorable Gerald E. Delaney of the N.Y. Supreme Court, Westchester County, released a decision that limited the utility of the New York Franchise Law's isolated sales exemption. His decision in The National Survival Game of New York, Inc. v. NSG of LI Corp. (200 N.Y.L.J. No. 93, p. 27; CCH Business Franchise Guide ' 9294, at 19,622) remains the law in New York. But did Justice Delaney get it right?
Franchise sales in the United States are regulated by both federal and state law. The federal FTC Franchise Rule requires franchisors to provide prospective franchisees with a copy of a disclosure document before taking any money or signing any agreement. Fifteen states also regulate the sale of franchises, and some of these states have both a registration requirement and their own disclosure document requirement. New York is one of these states. But the franchise statute in New York, as well as Indiana, Minnesota, and Washington, provides an exception for isolated franchise 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.
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.
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.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.