Features
From the IFA's Legal Symposium
In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations. These twin developments have been, for the most part, highly positive for the franchising industry. However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD.
Features
What's New In the Law
Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases
Features
Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments
Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.
Columns & Departments
News Briefs
Delaware Affirms Franchisors Are Not Franchisees' Employers <br>CA Moves One Step Closer To Confidentiality for Negotiated Contract Terms<br>New Hampshire Passes Changes to Vehicle Dealership Laws<br>Exam for CA Board Certified Franchise and Distribution Law Specialist Set for Oct. 22<br>Dearborn, MI, McDonald's Drops Halal Chicken After Settling Lawsuit
Columns & Departments
Counsel Concerns
Anti-Slapp Motion Involving Disclosure of ex-Miss California Suit Settlement Is Denied<br>New York Court Finds Malpractice Suit, over Transfer of Motion Picture Ownership, Improperly Pleaded
Features
The Current State of Film and Television Tax Incentives in the United States
The Los Angeles region has historically been the world capital of moviemaking, but in recent years there has been significant competition among states to offer lucrative production tax incentives.
Features
In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree
The intellectual property community hoped and expected that the Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> would provide guidance regarding the scope of patentable subject matter under 35 U.S.C. ' 101. Instead, the Federal Circuit's decision created confusion, identifying three competing tests for assessing patentable subject matter under ' 101.
Columns & Departments
Bit Parts
Declaratory Bids Denied in Dispute over Literary Agent Agreement<br>Method for Monetizing Internet Content Not Too Abstract for Patentability<br>New York Music Administration Suit Stayed Until Outcome of Canadian Suit over Related Songs-Purchase Agreements
Columns & Departments
Court Watch
U.S. Supreme Court Upholds Arbitrator's Determination of Authority to Determine Class Issues<br>Recent Attempt to Revive <i>Laxmi v. Golf USA</i> Fizzles
Features
Is California's 'Good Faith' Franchise Legislation Necessary or Meaningful?
A bill introduced in California's General Assembly and referred to that body's Judiciary Committee on June 10 could provide some increased leverage and protections to existing franchisees, but it may come at a cost to franchising as a method of expanding brands and providing opportunities.
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