Features
e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
Features
'Hold the Arbitration Clause, Hold the Attorney Fees!'
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
MO Supreme Court Denies Auto Dealer's 'Bad Faith' Statutory Claim
In <i>Parktown Imports, Inc. v. Audi of Amer., Inc.</i>, the Missouri Supreme Court "fixed" an appellate court decision that could have set a precedent with potentially serious implications for automobile manufacturers and other franchisors or distributors because it would have allowed actions to block network changes on a mere claim of "bad faith," even when there is no standing to bring suit under a specific provision governing network changes.
Features
IFA Legal Symposium: Financial Concerns Lead Agenda
Financial concerns dominated the discussions at the 42nd annual IFA Legal Symposium, held on May 18-19 in Washington, DC.
Features
The Martin Act and Common Law Fraud
In <i>Kerusa LLC v. W10Z/515 Real Estate Limited Partnership</i>, the Court of Appeals resolved a question that has plagued the Appellate Divisions over the past several years: May a co-op or condominium purchaser prevail on a common law fraud claim based on material omissions from offering plan amendments mandated by the Martin Act?
Features
Important Rules of Evidence for Family Law Attorneys
Matrimonial and family law attorneys who only try divorce and custody cases know that all issues besides the grounds for divorce are tried before the court without a jury. In such cases, the rules of evidence are often relaxed. While this can make for a more straightforward presentation of evidence, it can also leave family practice lawyers unfamiliar with new or little used rules of evidence. This article discusses some of those important rules.
Features
The Autism Cases
In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.
Features
Labor and Employment
Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.
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