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Court Watch
'You Breached First' Is Not a Defense to Non-Performance
A recent case out of the District of Maryland serves as a reminder to franchisors and franchisees that a “you breached first” defense to a breach of contract claim will not likely absolve a breaching party from liability. The Maryland federal district court held in Ohio Learning Centers, LLC v. Sylvan Learning, Inc. that parties to a franchise agreement are not permitted to reap the benefits of that agreement, while ignoring their obligations, only to later assert that their behavior was permissible because the other party was the first to breach the franchise agreement. No. RDB-10-1932, 2012 WL 1067668 (D. Md. March 27, 2012).
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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.