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Court Watch
Recent Cases Raise Red Flags for Franchise Agreement Drafters
In connection with concluded litigation, Item 3 of the 2007 Federal Trade Commission Franchise Rule (16 CFR Part 436) requires that a Franchise Disclosure Document (FDD) disclose all material terms of any settlements, whether or not the settlement agreement is confidential, as long as the settlement was entered into after the franchisor began selling franchises. (16 CFR '436.5(c)(3)(ii)). In Caudill et al v. Keller Williams Realty Inc., Bus. Fran. Guide (CCH) '15,162 (USDC N.D. Illinois, Oct. 31, 2013), the parties had entered into a Settlement Agreement and Mutual Release resolving a prior lawsuit between them. The settlement agreement stated that “[t]he terms, covenants, conditions of this settlement, specifically including the amount to be paid in settlement ' will be held strictly in confidence and will not be disseminated or disclosed by the parties ' except to ' governmental agencies or regulatory authorities as required by law.” The settlement agreement provided for liquidated damages in the amount of $10,000 for each breach of the confidentiality provision.
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.
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.
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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.