Features
The Market View
Speed, smart speed, still wins in competition. Unfortunately, I find too many company executives are not heeding this reality when it comes to the changes in financial accounting for leases.
Lease Accounting, Financial and Other Covenants
This article summarizes the new accounting model for lessees and addresses the impact the new model may have on financial and other covenants typically found in financing agreements, where the lessee is the borrower.
Features
New Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
2010 Litigation Trends Survey
In the 2009 Fulbright & Jaworski L.L.P. Litigation Trends Survey, 42% of U.S. corporate counsel reported they expected an increase in the volume of legal disputes over the coming 12 months. The 2010 survey has proved them right.
Georgia Law Regarding Non-competes Is Revised
During the election held on Nov. 2, 2010, Georgia's electorate voted to amend the state constitution of Georgia in a way that made effective on the next day legislation relating to non-competition covenants, namely HB 173 (the "Act"). The Act had passed in the 2009 legislative session and had been signed by the governor that year. Subsequent discussion about a wording issue in the amendment and the Act would suggest that the effective date may actually be Jan. 1, 2011, or maybe later if it is determined that a legislative fix of the effective date wording is required.
Federal Appellate Court Says Franchisor's Claims Belong in Federal System
The U.S. Court of Appeals for the Fourth Circuit recently reversed a district court's dismissal of a franchisor's claims, notwithstanding the fact that the franchisor submitted a summary judgment filing that requested less in money damages than the $75,000 referenced in Section 1332(a) of Title 28 of the United States Code.
Features
NLRB Action in the Age of Facebook
Questions of discoverability in litigation of social media interactions are constantly evolving. A look at a recent, disturbing case.
Retargeting Keyword Ads for Potential New Uses
Keyword advertising should be seen as simply one band on the spectrum of online advertising by franchisors and others to promote their brands. Much of that spectrum is now occupied by various types of behavioral advertising, in which advertisers can track conduct of users on the Internet to deliver advertising targeted to a user profile or recent Internet activity. Viewed in this light, a perhaps greater concern to brand owners than the types of sponsored links served by search engines are new opportunities for use of keywords to retarget advertising based on behavioral patterns of Internet users and in manners almost impossible to monitor.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›
- 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 ›
- ELFA ScheduleThe Equipment Leasing and Finance Association has released its 2016 calendar of events.Read More ›
- Holders of Unredeemed Gift Cards Denied Bankpruptcy PriorityFor some time now, the brick and mortar side of the retail industry has been in financial distress. In 2015 and 2016 alone, brand-name companies such as Sports Authority, RadioShack, Aéropostale, American Apparel, Eastern Mountain Sports and City Sports sought bankruptcy protection. A common question in these cases is how to treat holders of unredeemed gift cards. Are they near the back of the line with other general unsecured creditors, or are they entitled to “priority” payment status under the Bankruptcy Code?Read More ›