Franchisors do not want to be associated with insolvent or bankrupt franchisees; it's not good for the brand. Therefore, franchisors carefully craft provisions in franchise agreements designed to allow termination in the event of a franchisee's bankruptcy or the appointment of a receiver as a result of a foreclosure action, typically initiated by the franchisee's lender
Absent policy language stating otherwise, "stacking" of policy limits is now the rule in California.
Highlights of the latest equipment leasing news from around the country.
On Dec. 11, 2012, European Union Ministers in charge of competitiveness issues endorsed a legal package to create a Unitary Patent, which provides uniform legal protection in 25 European countries. On the same day, the Members of the European Parliament approved the European Union patent package including a Unitary Patent and Unified Patent Court.
Highlights of the latest franchising cases from around the country.
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
What exactly can a state regulator do with respect to arbitration clauses in franchise agreements? The answer appears to be, "The regulator cannot do much."
Highlights of the latest equipment leasing news from around the country.
This is the second part of a three-part article designed to provide secured parties an overview of their enforcement rights and remedies as set forth in Article 9 of the UCC. This installment addresses the acceptance of collateral in full or partial satisfaction of debt, and the notice components of a commercially reasonable sale.
This article discusses how counterparties, as well as courts, react to situations where a counterparty seeks protection from the risks inherent in continued performance under a Contract with a debtor in bankruptcy.
