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Is This a Franchise, or Not?
One of the challenges commonly facing franchise lawyers is that there are several definitions of the term “franchise.” Regardless of whether the parties intend to establish a franchise relationship, if the relationship legally is deemed a “franchise,” certain federal and state laws may apply. However, the definition of “franchise” often varies from statute to statute, and it may be difficult to determine whether a particular statute applies.
For example, one of the typical definitional elements of a franchise for purposes of franchise registration law is that the franchisor must prescribe or suggest a marketing plan to the franchisee. On the other hand, under many of the franchise relationship laws, which govern franchisor's obligations upon termination of franchisee rights under the franchise relationship (among other issues), a critical definitional element of the term “franchise” often is that there must be a “community of interest” between the franchisor and franchisee. This is true under many of the general franchise relationship laws, and is also an element of a franchise under relationship laws governing specific industries.
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.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."