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Features

New Arbitration Appellate Procedures Change Playing Field Image

New Arbitration Appellate Procedures Change Playing Field

Charles S. Modell & Sawan S. Patel

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.

Columns & Departments

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

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

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

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

Features

Crafting the Effective Trademark Cease-and-Desist Letter Image

Crafting the Effective Trademark Cease-and-Desist Letter

William G. Pecau

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.

Features

FTC: Professional Associations' Ethical Codes Restrict Competition Image

FTC: Professional Associations' Ethical Codes Restrict Competition

Diane Bieri, Jonathan Gleklen

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.

Columns & Departments

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Bellwether Trial Opening in Vaginal Mesh MDL <br>NuvaRing Settlement in the Works

Features

Avoid Transfer Taxes? Maybe Not Image

Avoid Transfer Taxes? Maybe Not

Elias M. Zuckerman

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.

Features

Domino's Challenges Joint Employer Liability for Franchisors Image

Domino's Challenges Joint Employer Liability for Franchisors

Richard Blum & Hollis Pfitsch

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.

Features

Dying Intestate After Divorce Image

Dying Intestate After Divorce

Joann T. Palumbo

I have been practicing law for over 25 years, but I am still shocked when I hear that a person who spent so much time, effort, and money in a divorce proceeding has not taken the time to confer with an attorney and sign a will.

Features

City Parkland: Invalid Lease or Permissible License? Image

City Parkland: Invalid Lease or Permissible License?

Stewart E. Sterk

When may a New York municipality authorize commercial use of parkland without express authorization of the state legislature? That question recently reached the Court of Appeals in <i>Union Square Park Community Coalition v. New York City Department of Parks and Recreation</i>, in which the court upheld an agreement between the city and a private party authorizing the latter to operate a seasonal restaurant in Union Square Park.

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