Commercial Law

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.

Finance Companies' Rights to Collect
True Lease vs. Security Interest: In General
Lessors' Damages: Measures and Entitlement
Vendor Issues
End-of-Term Lease Provisions
Forum Selection, Jurisdiction and Choice of Law
Assignments of Leases

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.

Delaware Affirms Franchisors Are Not Franchisees' Employers
CA Moves One Step Closer To Confidentiality for Negotiated Contract Terms
New Hampshire Passes Changes to Vehicle Dealership Laws
Exam for CA Board Certified Franchise and Distribution Law Specialist Set for Oct. 22
Dearborn, MI, McDonald's Drops Halal Chicken After Settling Lawsuit

Anti-Slapp Motion Involving Disclosure of ex-Miss California Suit Settlement Is Denied
New York Court Finds Malpractice Suit, over Transfer of Motion Picture Ownership, Improperly Pleaded

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.

The intellectual property community hoped and expected that the Federal Circuit's en banc decision in CLS Bank Int'l v. Alice Corp. 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.

Declaratory Bids Denied in Dispute over Literary Agent Agreement
Method for Monetizing Internet Content Not Too Abstract for Patentability
New York Music Administration Suit Stayed Until Outcome of Canadian Suit over Related Songs-Purchase Agreements