Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.
April 29, 2013Lewis E. Hassett and Ryan C. Burke
In Nov. 2012, Seattle U.S. District Judge Robert Lasnik had ruled that 'Godfather of Funk' George Clinton must cede the copyrights to the master recordings of four Fundadelic albums released by Warner Bros. between 1976 and 1981 to Seattle-based Hendricks & Lewis to make good on more than $1.5 million in unpaid legal fees.
March 29, 2013Tom Huddleston Jr.Amendments to the Ohio Business Opportunity Law went into effect a few months ago, offering what franchise attorneys are calling a balanced approach that improves pre-sale disclosures to protect franchisees but also gives franchisors greater protection from lawsuits that cite minor, technical violations of the state's rules.
March 29, 2013Kevin AdlerThe U.S. District Court for the Central District of California, although 'deeply troubled' by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman.
March 29, 2013Amanda BronstadThe 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.
March 29, 2013Stan SoocherThis 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.
March 28, 2013Thomas Fawkes and Elizabeth L. JanczakIn January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in Consolidated Edison Company of New York, Inc. v. United States. 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.
March 28, 2013Philip H. SpectorHighlights of the latest franchising news from around the country.
February 28, 2013ALM Staff | Law Journal Newsletters |This article marks the debut of an occasional column that will provide franchise attorneys with practical advice about conducting arbitrations.
February 28, 2013Charles F. ForerIn 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 White v. 14051 Manchester, Inc. 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.
February 28, 2013Megan L. Anderson and Maisa Jean Frank