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Court Watch
Court Dismisses Franchise Act Claims
Businesses alleging their status as franchisees are often quick to assume the applicability of protective franchise acts and rely upon them as leverage against the alleged franchisor. In those instances where the alleged franchisee operates in multiple territories, there may be a significant number of franchise acts claimed to apply. The first thing experienced franchisor litigation counsel will do once a dispute arises is determine whether there are grounds to challenge the initial applicability of those franchise acts. The recent decision in Rogovsky Enterprises, Inc. v. MasterBrand Cabinets, Inc., No. 3:15-cv-00022, 2015 WL 7721223 (S.D. Ind. Nov. 30, 2015), demonstrates that if the alleged franchisor can successfully challenge that the necessary elements of a franchise exist under one state's statute, that likely spells the end for some or all of the alleged franchisee's other franchise act claims as well.
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.