How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of Textainer Equipment Management Limited v. The United States and its implications..
September 24, 2013Barry A. Graynor
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.
September 02, 2013Stan SoocherThe "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.
September 02, 2013Robert J. Bernstein and Robert W. ClaridaAs 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.
September 02, 2013Josh KingThis is the third in an ongoing series of articles that will provide franchise attorneys with practical advice about arbitration.
September 02, 2013Charles F. ForerHotel Franchisor to Face Trial on Vicarious Liability Claims
Federal Court Rejects Franchisee's Unclean Hands Defense
Court Dismisses Licensee's Fraud in the Inducement Claim under Parol Evidence RuleSeptember 02, 2013Cynthia M. Klaus and Susan E. TegtU.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.
September 02, 2013Zoe Tillman and Kevin AdlerFranchise Relationship Law Tabled in CA Assembly
New Franchise-Relationship Bill Proposed in PASeptember 02, 2013ALM Staff | Law Journal Newsletters |It may be a while before Kathleen Moriarty lets clients pay her in bitcoin, but the Katten Muchin Rosenman partner is doing her part to help legitimize the digital currency derided as speculative and risky by some prominent economists.
September 02, 2013Juan ForrerEvery 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?
September 02, 2013Evan Hackel, CFE