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A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.
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The 21st century is clearly the age of cybercrime, and franchise companies should be especially concerned because, simplistically, there are only two types of computer systems: those that have been hacked, and those that will be hacked.
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In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.
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A look at <i>A.E., Inc. v. Goodyear Tire and Rubber Co., Inc.</i>, No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.
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Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.
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When is history simply that: "history"? Perhaps never under the Lilly Ledbetter Fair Pay Act, which sailed through the House and Senate in January and became the first piece of legislation signed into law by President Obama.
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It is that time of year when many managers are either presented with the daunting and time-consuming task of completing performance appraisals or have just finished their appraisals and are waiting to communicate the results to the employees. In either situation, the process is usually coupled with questions from managers as to why evaluations are necessary. Employees often wonder themselves.
Features
The proposed Employee Free Choice Act ("EFCA") would dramatically alter the landscape of labor-management relations in favor of unions seeking to organize employees of non-union employers. Businesses that do not prepare soon for the impact of this prospective law, as well as their employees, will be significantly affected.
Features
While attitudes a year ago might have suggested that 2008 would be a year of great stockholder activism with takeover defenses continuing to fade from the scene, the drying up of credit for M&A transactions and plunging stock prices and asset values actually caused public companies to re-examine their preparedness for hostile activity and, ironically, led to the re-emergence of a takeover defense that had fallen out of favor in recent years.
Features
This article examines the issues that must be dealt with by tax-exempt organizations in leasing real estate to third-party lessees.