Features
Franchise Compliance
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
Features
e-Mail Signature Ruled Valid To Enforce Settlement
Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled.
Features
Financing Pre-Owned IT Hardware
The robust trade of pre-owned computer, networking, telecommunications and other IT hardware on the secondary market is a reality.
Features
Intercreditor Agreements
Intercreditor agreements are becoming more common in commercial finance transactions, even in the middle- and small-ticket arenas. However, attorneys can protect their clients' interests without derailing a transaction.
Columns & Departments
Upcoming Event
TexasBarCLE 23rd Annual Entertainment Law Institute
Features
Marketplace Fairness Act May Help Clear Muddy Tax Waters
With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
Features
How Royalties Are Determined for New Material Written for Public Domain Music Compositions
Not as much public domain material is recorded in comparison with original material, but if such a song becomes a hit or is on a successful album, the public performance royalties can be substantial provided the writer/arranger (who is many times the recording artist or record producer) holds the copyright in his or her version and registered it with the performance right society (PRO) with which the writer is affiliated.
Features
Willfulness and Liability, Separate But Equal?
This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.
Features
The Evolution of e-Discovery
e-Discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.
Features
Marketplace Fairness Act May Help Clear Muddy Tax Waters
With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
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
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›