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Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.
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In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.
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Crew Member Injury/Employee Status<br>Merchandising Rights/Film Remakes<br>Trademark Infringement/First Amendment Defense
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The U.S. District Court for the Southern District of Indiana grant- ed a defendant's motion to transfer to New York federal court a suit over the alleged unauthorized use of the names and likenesses of legendary baseball players, including Lou Gehrig, Thurman Munson and Jackie Robinson.
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A recent ruling by the Court of Appeals puts a whole new, and subjective, definition to the term "cohabitation": At the time that the agreement was entered into, what did the parties themselves mean when they stated the word "cohabit"?
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New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.
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According to the author, drawings cannot possibly be viewed as a reliable source of information concerning children's perceptions of themselves, their families, the dynamics within their families, or anything else. Even if it could be demonstrated that the dynamic of projection consistently operates as children produce these drawings, there would still be no basis for relying upon them.
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How companies can effectively deal with employee embezzlement in order to optimize asset recovery.