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.
The Route to Federal Court Clarified
While the Jurisdiction and Venue Clarification Act of 2011 does not change the jurisdictional requirements for removal, and the basic removal procedures are left largely unchanged, the Act does in-house and outside counsel a service by settling removal issues that often varied by circuit, including the first-or-last-served defendant rule, the standard for measuring the amount in controversy, and the permissibility of exceptions to the one-year bar.
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MOST POPULAR STORIES
- 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
- 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 ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
