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Court Watch
Franchisees and Dealers Should Plead Causation In Actions Against The Government
In a decision that may significantly expand the ability of franchised entities to bring Fifth Amendment claims, the United States Court of Federal Claims has held that dealerships have stated plausible causes of action against the federal government in the case of Colonial Chevrolet Co., Inc. v. United States, Nos. 10-647C, 11-100C, and 12-900C, 2015 WL 5268941 (Fed. Cl. Sept. 9, 2015). The decision solidifies that claims against the government may lie where the government's conduct vis-'-vis a third party effects a taking of a plaintiff's property right ' which may include a franchise or dealership agreement. The ruling offers a roadmap that franchisees and dealers advancing takings claims should follow, and will likely be of interest to former General Motors and Chrysler Group dealers that lost their dealerships as a result of the Troubled Asset Relief Plan (TARP).
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.
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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.