Features
Waiting for Courts To Help in Internet-Based Franchise Encroachment?
Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.
Features
Sugarland Suit Offers Look at Dynamics of Litigating Intra-Band Disputes
Fresh off their November 2010 win for Vocal Duo of the Year at the Country Music Awards in Nashville, Sugarland faced a far different contest in a federal courtroom in Atlanta, GA, in a fight stemming from a 2005 split with the band's founder and former member, Kristen Hall. The trial, if held following more than two years of litigation, could easily have been billed as the anatomy of a band breakup. Though fact-specific to Sugarland, Hall's suit raises issues that are relevant to all-too-common litigations over intra-band disputes.
Features
Update: Wright Development Group, LLC v. Walsh
On Oct. 21, the Illinois Supreme Court issued its opinion in <i>Wright Development Group, LLC v. Walsh</i>, addressing for the first time the scope of Illinois' Citizen Participation Act (CPA), the state's Anti-SLAPP statute.
Features
In the Courts
Recent rulings of interest to you and your practice.
Features
Honest-Services Fraud in the Wake of Skillings
The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.
Features
Substantial Contribution Claims
In two recent decisions, the United States Bankruptcy Court for the Southern District of Texas clarified the subjective standards regarding a creditor's entitlement to an allowed administrative expense under ' 503(b)(3) and (4) of the Bankruptcy Code.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege
This article addresses conflicting court decisions on the extent to which an insured's allegations of insurer bad faith eviscerate the insurer's attorney-client privilege.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
