Features
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Incurable Defaults
Unfortunately, on occasion, a franchisee's actions are so egregious that a franchisor decides that it needs to immediately terminate the franchise and declare that the relationship is irrevocably harmed: an incurable default.
On the Path of Lease Resistance
New York practitioners representing a prospective retail tenant looking to enter into a new lease for space in an existing shopping center must recommend appropriate diligence prior to the client's entry into the new lease.
In the Spotlight: Fundamentals of Constructive Eviction
There are measures a landlord can take in drafting the lease to ameliorate the risk of losing a constructive eviction action.
Features
The Federal Courts Jurisdiction and Venue Clarification Act of 2011
Since Jan. 6, 2012, new rules have been in effect regarding removal and venue procedures for federal litigation. The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 in business disputes, including franchising, is gradually being felt as actions are filed in federal district courts or removed from state court to federal courts. This article outlines some of the key changes and their potential relevance for franchisors and franchisees.
Liability of Commercial Landlords and Tenants Under the ADA
Effective March 15, compliance with the DOJ's 2010 ADA Standards for Accessible Design (2010 Standards) was required for any alterations to existing facilities subject to the Americans with Disabilities Act (ADA) and barrier removal.
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- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.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 ›
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- 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 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 ›