Commercial Law

  • Parent Corporations and Their Subsidiaries' Liabilities: Guidelines

    In February 2007 the Illinois Supreme Court in a unanimous decision held as a matter of first impression that a parent corporation could be directly liable for its negligence to the estates of two employees of its subsidiary corporation. Forsythe v. Clark USA. The Illinois Court relied extensively on the unanimous 1998 opinion of the U.S. Supreme Court in U S v. Bestfoods. Both courts limited the reach of their opinions by making explicit the common law principle that corporate shareholders are not generally liable for the acts and omissions of their subsidiaries in the absence of active involvement of the parent in those acts or omissions.

    June 26, 2008Stanley R. Weinberger

  • Real Property Law

    Analysis of recent rulings.

    June 26, 2008ALM Staff | Law Journal Newsletters |

  • Landlord & Tenant

    Commentary on the latest cases.

    June 26, 2008ALM Staff | Law Journal Newsletters |

  • Orphan Works Legislation: Real Time Bomb

    The federal 'Orphan Works' legislation (S2913 and HR5889) creates an entirely new law favoring the 'opt in' fundamentalists who prefer as many copyright formalities as possible, thereby increasing the likelihood that works will fall ' intentionally or unintentionally ' into the public domain. Some have characterized the import of the Orphan Works legislation as creating a new rateless compulsory license, or at a minimum a 'safe harbor' for libraries (such as the Library of Congress), museums, public broadcasters and universities, as well as commercial entities.

    June 26, 2008Christian L. Castle

  • Court of Appeals Affirms Owner Occupancy Rights Under Rent Stabilization

    In its June 3, 2008, decision in Pultz v. Economakis, the New York State Court of Appeals unanimously ruled that there is no limit on the number of rent-stabilized units an owner can attempt to recover for owner occupancy. The ruling was a major victory for rent stabilized landlords, and a sharp rebuke to tenant advocates who claimed that multiple recovery for owner occupancy violated the letter and spirit of the Rent Stabilization Law. Indeed, the case continues a recent trend of favorable Court of Appeals decisions for landlords.

    June 26, 2008Jeffrey Turkel

  • e-Commerce Docket Sheet

    CDA Immunity Not Applicable To Allegedly Misleading Auction Safety Statements
    Copying Web Site Page for Consumer Gripe Site Is Deemed Fair Use
    Famous Trademark Parody on Goods Without Consumer Confusion No Infringement

    June 26, 2008ALM Staff | Law Journal Newsletters |

  • Unconscionable Terms Prevent Enforceability of e-Commerce Contract Clauses

    e-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a 'take-it-or-leave-it' basis. The validity of such contracts arises from the recipient's 'adherence' to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.

    June 26, 2008Jonathan Bick

  • News Briefs

    The latest news from the franchising world.

    June 26, 2008ALM Staff | Law Journal Newsletters |

  • Franchisor's Non-Compete Upheld In New Jersey

    A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. Jackson Hewitt Inc. v. Childress, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.

    June 26, 2008Cynthia M. Klaus