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Features
Highlights of the latest franchising cases from around the country.
Features
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.
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.
There are measures a landlord can take in drafting the lease to ameliorate the risk of losing a constructive eviction action.
Features
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.
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.
When prominent plaintiffs' lawyers applaud a "landmark change in the law," prudence calls for reflection. Such is the case with the recent New York Court of Appeals decision clarifying the scope of the Martin Act.
