Court Watch
Highlights of the latest franchising cases from around the country.
A Review of Legal Obligations Reps Owe Artists
In a dispute between the artist and a representative, the central issue typically revolves around the extent and nature of the legal duty owed to the artist by the particular representative, and whether that duty has been breached. In complicating instances, representatives may perform multiple functions and wear more than one hat.
Is Your Franchise Still Breaking the Gift Card Laws?
The potential ramifications of gift card laws are surprisingly extensive, from both a legal and practical perspective. For example, some federal record-keeping and anti-money-laundering requirements apply to the sale of all gift cards. There are also legal and practical concerns regarding what terms and conditions a franchisor should apply to its card.
Motivational Outreach for Law Firm Leaders
There are five lessons that law firm leaders can incorporate into their approach that will improve morale and tangibly increase productivity.
Features
Class Action Waivers in Employment-Related Arbitration Agreements
For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.
The Law Library
During the last 20 years, enormous changes have occurred in the information industry. This has affected not only libraries, including private law libraries, but also law librarians and IT staff.
Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
Features
Ready or Not: Planning for Significant Tax Changes in 2013
The time is now for all businesses, law firms included, to plan for major tax changes that are scheduled to take effect on Jan. 1, 2013.
Anonymous v. Fraudulent Internet Speech
Anonymous Internet speech, like traditional Internet speech, is protected. The anonymity and potentially unlimited mass audience of Internet speech, however, poses difficulties for the application of traditional doctrines governing speech. The balancing must take into account the possible value of widespread, instantaneous public information.
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MOST POPULAR STORIES
- 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 ›
- The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel ManagementLegal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.Read More ›
- 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 ›
- When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value ParadoxThe Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.Read More ›
