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.
Features
A New Philosophy for Managing Partners
An astute lawyer-manager must achieve the appropriate balance of building consensus among the partners versus managing as an autocrat.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
