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Court Watch
Highlights of the latest franchising cases from around the country.
Features
Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
The decision in <i>ATT Mobility v. Concepcion</i> was announced on April 27, just a few days before a panel of three franchise attorneys presented an update on arbitration trends at the 44th Annual International Franchise Association Legal Symposium.
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NASAA Proposes Four Exemptions for State Registrations
The North American Securities Administrators Association ("NASAA") has proposed four exemptions to state registration and disclosure requirements, representing a welcome effort to standardize exemptions at the state level.
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Job Discrimination Against Muslims
Despite the EEOC's dire predictions, Muslims, Arabs, and other people of eastern descent living in the United States have not seen the social ostracism experienced by these groups in other countries.
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When Office Tenants Go Dark
Most office leases require tenants to actively carry on business from their leased premises, and prohibit tenants from vacating or abandoning the premises. It is becoming increasingly common, however, for tenants to object to these provisions and to request the lease include a "go-dark" provision.
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Insurance Coverage for Damage to Tenant Improvements
Multiple factors are often involved in the analysis and determination of ownership interests and insurance obligations for tenant improvements and betterments, furniture, fixtures and equipment, and other "personal property" within leased premises. Here's why it matters.
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In the Spotlight: Unique Retail Considerations of Branch Bank Leasing
When representing bank tenants, simply following established retail principles, even zealously on some issues, is not enough. There are certain banking-specific concerns, even pitfalls, about which bank counsel must be aware.
Features
Understanding and Mitigating the Legal Risks of Cloud Computing
There can be significant economic efficiencies realized by moving to the cloud. However there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery.
Features
Waging Trademark War Against 'i-Pirates'
Trademark infringers have preyed on the fertile software marketplaces opened by companies like Apple and Google by offering apps for download under names that are identical or confusingly similar to other well-known brand names. These online trademark bandits are effectively engaging in a form of "i-piracy," whereby they attempt to profit from the goodwill associated with established trademarks by pirating those marks for use in their own knock-off apps.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›