Columns & Departments
In the Marketplace
Who's doing what; who's going where.
Features
Distressed Bank Restructurings
The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
Features
Lessors Beware
How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of <I>Textainer Equipment Management Limited v. The United States</I> and its implications..
Features
Transformative Use Musings
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
Features
High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device
The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.
Features
Your Business: Someone Online Hates You
As word of mouth moves online, lawyers occupy the same place today that hotels were in a decade ago: just starting to face the prospect of widespread use of online user reviews, and concerned that such reviews will crater their businesses. The following 10 tips will put these concerns into context and explore which methods of responding to negative feedback are effective and ethical and which ones aren't.
Features
The Different Types of Arbitration Awards
This is the third in an ongoing series of articles that will provide franchise attorneys with practical advice about arbitration.
Columns & Departments
Court Watch
Hotel Franchisor to Face Trial on Vicarious Liability Claims <br>Federal Court Rejects Franchisee's Unclean Hands Defense<br>Court Dismisses Licensee's Fraud in the Inducement Claim under Parol Evidence Rule
Features
Franchise Industry Sees Victory in Debit Card Fee Lawsuit
U.S. District Court Judge Richard Leon struck down Federal Reserve regulations on debit-card transaction fees on July 31, a victory for retailers that process high numbers of low-ticket transactions. Leon found that the Fed adopted rules that "inappropriately" inflated fees by billions of dollars.
Columns & Departments
News Briefs
Franchise Relationship Law Tabled in CA Assembly <br>New Franchise-Relationship Bill Proposed in PA
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›