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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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
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- 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 ›