The Route to Federal Court Clarified
The points of law settled by the JVCA may provide defendants with removal opportunities that they didn't have formerly, at least in some circuits. Further, the Act brings a measure of predictability to removal practice, which alone makes the statute significant.
Features
NLRB: Class Action Waivers Unfair Under the NLRA
The NLRB recently called into question the growing practice of including class action waivers in employee arbitration agreements, holding that the mandatory waiver of an employee's right to pursue class or collective action litigation is an unfair labor practice under the NLRA.
News Briefs
Highlights of the latest franchising news from around the country.
Features
Advising Unsecured Creditors in Complex Bankruptcies
This article explores the roles of examiners and trustees in Chapter 11 cases and focuses on how corporate counsel can best protect a client's position as a single unsecured creditor or party in interest, beyond filing a proof of claim or seeking relief from the stay.
Franchising in Colombia
To facilitate an understanding of the opportunities in Colombia, the U.S. Commercial Service of the U.S. Department of Commerce issued a report in February 2012 outlining the characteristics of Colombia's franchise market and the legal framework under which franchisors operate. This article provides a summary of that report.
Social Media: The Legal Implications on Franchise Systems
Since most consumers today expect social media to be part of the online presence of the retailers and businesses that they frequent, franchisors have to figure out how it fits into their and their franchisees' businesses, and franchise lawyers have to figure out the legal implications of their clients' choices and actions.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Wells Fargo Survey Forecasts Non-Residential Construction Activity to Increase
According to a recent survey, construction contractors and equipment distributors are optimistic that local non-residential activity will improve in 2012.
Finding the Most Qualified Customers As Infrastructure Jobs Drive Demand
Equipment financing and leasing professionals who can accurately gauge a contractor's abilities and financial situation — and then work with that contractor to maximize its capabilities — will be well-positioned to capitalize on new projects.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›