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
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
- Ticket Refund Suits Against StubHub to Get MDL TreatmentOnline ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.Read More ›
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›