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Court Watch
Highlights of the latest franchising cases from around the country.
Features
Same-Sex Unions: Marriage Equality Is Not Here Yet
There are many ways in which federal and sister-state laws will affect the rights of same-sex couples married in accordance with New York's new Marriage Equality Act (DRL ' 10-A). Here, discussion continues on what some of those laws mean to New York same-sex married couples and how certain problems created by them may be lessened by careful planning.
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Considering Public Policy When Drafting Separation Agreements
Separation agreements differ from other kinds of post-nuptial agreements because they are contracts between a husband and wife who remain married but live separate and apart. Where they contain the provisions required by law, these agreements have long been recognized in New York as being valid and binding, and not contrary to public policy.
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Mirror Orders to Help Prevent International Child Abduction
So-called "mirror" orders can be a useful tool in the arsenal of lawyers who handle cases concerning international child travel and the prevention of potential international child abduction. So, what exactly is a mirror order, and how can it be employed to protect your client's parental interests?
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Fighting for Cats and Dogs
Pets are often overlooked when it comes to divorce, and their status in the law is uncertain. A look at recent case law.
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Criminal Intent and the So-Called 'Red Flag' Theory
The "red flag" theory carries the danger of fostering undeserved prosecutions, for so much of it involves the feelings or the opinions of the prosecutor ' and conceivably of a jury.
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Effecting Change in Franchise Networks
This two-part series looks at the law governing a franchisor's ability to effectuate broadscale changes to its network. Part Two herein examines franchise network change triggered by an acquisition of the franchisor.
Features
NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
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Courts Clarify Damages Caps Under Federal Employment Discrimination Statutes
Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: "What's the worst that can happen?
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