Litigation

Franchisors have historically struggled with whether to include provisions calling for mandatory arbitration of all franchise disputes in their franchise agreements. One of the main complaints about arbitration from franchisors and franchisees alike ' and a reason many franchisors opt not to include arbitration provisions in their franchise agreements ' has been the lack of an effective appeal process.

Junior Mortgagee Fails in Effort to Require Senior Mortgagee to Sell Security Separately
Time of the Essence Notice Ineffective When Served Before Initial Closing Date
Seller Not Entitled to Vendor's Lien

ICM Partners Escapes Personal Jurisdiction in Film Suit in Washington State
In Suit Against Sony Music, Toto Is Denied Access To Apple/UMG Agreements
Rulings in Advance of Beastie Boys' Trial Against Monster Energy

The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.

On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.

Bellwether Trial Opening in Vaginal Mesh MDL
NuvaRing Settlement in the Works

Last month, we began discussion of a hypothetical couple's transfers of assets to one another. We continue our analysis of the tax consequences of their proposed agreement herein.

After more than three years of litigation, delivery workers for four Domino's pizza restaurants in Manhattan are receiving payments for unpaid wages. The payments of nearly $1.3 million began in January and are divided among approximately 60 delivery workers. While rare, the case applied well-settled principles of joint employment under wage and hour law to bring in the franchisor.