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Court Watch
Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors
Most franchisee practitioners will admit that fraud and similar cases are difficult litigation that much more often than not lead to judgments in favor of the franchisor. An exception to this status quo can be found in Legacy Academy v. Mamilove, LLC, 761 S.E. 2d 880, Bus. Franchise Guide '15,336 (Ga. Ct. App. 2014, cert. granted , Nov. 3, 2014), where the franchisee received a victory against a day care center franchisor based on fraud and other theories that are not often franchisee successful. In particular, claims in this case were made under a Georgia statute that, essentially, gives a franchisee an indirect cause of action under the Federal Trade Commission's Franchise Rule, plus the franchisee also asserted claims under the Georgia RICO statute, for negligent misrepresentation, and for rescission.
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.
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.
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.