News Briefs
Highlights of the latest franchising news from around the country.
'Ban the Box' Legislation
While the policy considerations behind "Ban the Box" legislation should be lauded, the reality is that this type of legislation can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Bankruptcy Filing May Not Prevent Enforcement of Non-Compete Against Franchisee
A U.S. district court recently held that a bankruptcy court abused its discretion in denying a franchisor's motion for relief from the U.S. Bankruptcy Code's automatic stay when the franchisee's bankruptcy petition was filed after the franchisor had previously filed litigation against the franchisee to enforce a covenant not to compete.
Equipment Leasing in 2012
As we enter 2012, the hyper-competitive nature of municipal lease financing, paired with borrowers' significant financial challenges, demands creative thinking and savvy leadership from lenders as well as borrowers.
What's New in the Law
Highlights of the latest equipment leasing cases from around the country.
Features
Bankruptcy Preferences: They Haven't Gone Away
A recent case, <i>O&G Leasing, LLC v. First Security Bank</i> provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
Features
<B><I>BREAKING NEWS:</b></i> <b>NLRB Postpones Date of Rights Posting Rule </b>
The National Labor Relations Board (NLRB) announced in a press release on Dec. 23, 2011, that it has postponed the original Jan. 31, 2012, deadline requiring employers to post the NLRB Notice informing employees of certain rights to April 30, 2012.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Guidelines for the Role of Therapist for Court-Involved FamiliesAn in-depth look at Guidelines for Court-Involved Therapy, recently promulgated by The Association of Family and Conciliation Courts(AFCC).Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›