Columns & Departments
Court Watch Franchisors Rebuff Franchisees' Claims Of Bad Behavior
The implied covenant of good faith and fair dealing, while not always a separate cause of action, depending on the jurisdiction, can be a powerful tool in a franchisee's arsenal to assert claims based on breaches of franchise agreements due to a franchisor's bad conduct. However, recent cases coming out of New York and Michigan demonstrate just how difficult it can be for a franchisee to make out a claim premised on the franchisor's poor behavior.
Features
The Raising of a Privacy Shield
On Feb. 2, 2016, the U.S. Department of Commerce and European Commission unveiled a new framework for personal data transfers from European Union (EU) Member States to the U.S. The new framework ' dubbed the EU-U.S. Privacy Shield ' will replace the EU-U.S. Safe Harbor program, which was invalidated by the European Court of Justice (ECJ) in 2015.
Features
Top Security Intrusion Trends the Legal Community Should Watch
Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions.
Features
They're With Us!
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees. How does this affect the attorney-client privilege?
Features
<b><i>Online Extra:</b></i> FDIC Chimes In on Cybersecurity
The Federal Deposit Insurance Corporation is the latest entity to release a framework for cybersecurity.
Features
Despite Reforms, Patent Cases Filed by NPEs Rose in 2015
Despite changes in patent law expected to curb the filing of lawsuits by non-practicing entities, NPE litigation increased significantly in 2015.
Features
Texas Can Deny Film Grant over Movie's Content
In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals for the Fifth Circuit decided that the producers of <i>Machete Kills</i> don't have a First Amendment right to an incentive grant from the Texas Film Commission.
Features
Top 10 Equipment Acquisition Trends for 2016
The Equipment Leasing and Finance Association (ELFA) has released its list of Top 10 Equipment Acquisition Trends for 2016.
Columns & Departments
Court Watch
Court Dismisses Franchise Act Claims <br>Court Grants Franchisor's Motion to Compel Arbitration
Features
Infringement Action Over Notorious B.I.G.'s 'The What' Gets Dismissed
A Southern District of New York judge dismissed a songwriter's copyright infringement lawsuit against the estate of rapper Notorious B.I.G., who died in 1997, and several publishing and record companies.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›