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The NLRB McDonald's Ruling And Franchisors
The National Labor Relations Board (NLRB) general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds. The NLRB general counsel's decision was made in an internal, unpublished memorandum concerning a group of cases filed with the board asserting that McDonald's as well as its franchisees had violated the rights of franchisee employees with respect to protests over wage and hour issues. Significantly, however, the NLRB usually follows the legal advice of its Office of the General Counsel, or OGC. Louis S. Chronowski, “NLRB Decision Shocks Franchise World: McDonald's, a 'Joint Employer' of Franchise Employees,” The Metropolitan Corporate Counsel, Sept. 23, 2014.
The OGC's ruling first will be tested before administrative law judges (ALJ) who hear the employees' claims in these cases. Assuming that the ALJs find against McDonald's, there seems little doubt that the company will appeal to the full, five-member NLRB. Steven Greenhouse, “Ruling Says McDonald's Is Liable for Workers,” N.Y. Times, July 30, 2014, at B1.
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.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.