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Court Watch

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising cases from around the country.

Features

Arbitration: Franchisor's Friend or Foe? Image

Arbitration: Franchisor's Friend or Foe?

Rupert M. Barkoff

In addressing the issue of whether an arbitration clause made sense for a franchisor client, for years this author waffled on how to advise that client. He is not alone on this problem.

Features

Second Circuit Finds Drug Reps Not Exempt from Overtime Law Image

Second Circuit Finds Drug Reps Not Exempt from Overtime Law

Mark Hamblett

Current and former sales representatives for Novartis Pharmaceuticals Corp. are not exempt from qualifying for overtime under the Fair Labor Standards Act, the Second Circuit ruled July 6.

Features

CA Supreme Court Clarifies Who Cannot Be Sued by Workers Image

CA Supreme Court Clarifies Who Cannot Be Sued by Workers

Mike McKee

For 97 years, neither California legislators nor the courts ever clarified who qualified as an employer under the state Industrial Welfare Commission's (IWC) wage orders. That changed on May 20 when the California Supreme Court decided, in part, who does not qualify.

Features

Federal Court Authorizes Clawback of Bonuses from CEO Under SOX Image

Federal Court Authorizes Clawback of Bonuses from CEO Under SOX

Robert S. Reder

In a case of first impression, <i>SEC v. Jenkins</i>, the United States District Court for the District of Arizona refused to dismiss an action brought by the SEC seeking reimbursement of bonuses and securities trading profits from a corporate CEO under Section 304 of SOX.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Being a Principal in Production and Distribution Agreement Makes Artist Subject to Personal Jurisdiction<br>Complaint over Broadcast Agreement Found Flawed<br>Filming Dance Competition Is of "Public Interest"

Features

Royalty Reduction for English-Titled Songs Is Ruled Contract Breach Image

Royalty Reduction for English-Titled Songs Is Ruled Contract Breach

Stan Soocher

The U.S. District Court for the Southern District of New York decided that, in paying reduced royalties for English-titled instrumental versions of songs, Universal breached subpublishing agreements that Brazilian songwriters Antonio Jobim and Vinicius de Moraes entered into with Universal's predecessors-in-interest.

Features

How Technology Can Drive Effective Case Collaboration Image

How Technology Can Drive Effective Case Collaboration

Matthew Hurd

Reviewing depositions and documents faster and more efficiently is critical for law firms in the face of increasingly complex and arduous litigation processes. While many firms are already using collaboration tools to promote and facilitate ongoing interaction across legal teams, it has also introduced new challenges. Predominant among them: How can legal teams and counsel leverage technology to collaborate and more efficiently manage case administration and trial preparation while keeping costs at a minimum?

Features

Is an Integrated e-Discovery Solution the Best Approach? Image

Is an Integrated e-Discovery Solution the Best Approach?

David Deusner

With law firms increasingly feeling pressure to adapt to client demands to reduce bills and expenses, an integrated e-discovery solution may seem like a wise investment. Having fewer vendors providing necessary services is always beneficial. It means less administrative overhead, less potential for miscommunication, and less time spent training staff on new software. However, when it comes to e-discovery, an integrated solution may not always provide a law firm with exactly what it needs.

Features

<b>BREAKING NEWS:</b> Prop 8 Overturned Image

<b>BREAKING NEWS:</b> Prop 8 Overturned

ALM Staff & Law Journal Newsletters

A federal judge in California has struck down the state's ban on same-sex marriage, known as Proposition 8, as unconstitutional. If any observers thought Judge Vaughn Walker would have a difficult time striking down Proposition 8 as unconstitutional, they were mistaken.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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