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Features
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
Features
In January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in <i>Consolidated Edison Company of New York, Inc. v. United States.</i> The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.
Columns & Departments
Highlights of the latest franchising news from around the country.
Features
This article marks the debut of an occasional column that will provide franchise attorneys with practical advice about conducting arbitrations.
Features
In a troubling development for franchisors, a Missouri federal district court has conditionally certified a class of plaintiffs in a collective action brought against Hotshots Sports Bar & Grill under the federal Fair Labor Standards Act and Missouri's wage and hour laws. The ruling in <i>White v. 14051 Manchester, Inc.</i> is concerning because it holds, at least preliminarily, that employees of independently owned franchises may be considered employees of the franchisor under the FLSA, based on a common form of control exercised in most franchisor-franchisee relationships.
Features
Franchisors do not want to be associated with insolvent or bankrupt franchisees; it's not good for the brand. Therefore, franchisors carefully craft provisions in franchise agreements designed to allow termination in the event of a franchisee's bankruptcy or the appointment of a receiver as a result of a foreclosure action, typically initiated by the franchisee's lender
Features
Absent policy language stating otherwise, "stacking" of policy limits is now the rule in California.
Columns & Departments
Highlights of the latest equipment leasing news from around the country.
Features
On Dec. 11, 2012, European Union Ministers in charge of competitiveness issues endorsed a legal package to create a Unitary Patent, which provides uniform legal protection in 25 European countries. On the same day, the Members of the European Parliament approved the European Union patent package including a Unitary Patent and Unified Patent Court.
Features
Highlights of the latest franchising cases from around the country.