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.
Law Department Highlights, Trends and Myths
For the 11th consecutive year, Altman Weil has conducted a Chief Legal Officer (CLO) Survey on issues of importance in managing corporate law departments. This Survey was conducted in September and October,2010.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
'Insurable Interest' and the Scope of First-Party Coverage
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.
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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 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 ›
- Legislative Protections Against AI Voice ScamsA wide range of tools have been developed to perform vocal cloning, leading to vocal deepfakes becoming a common source of scams and misinformation. And these issues have only been exacerbated by a lack of appropriate laws and regulations to rein in the use of AI and protect an individual's right to their voice.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 ›
- Join Us For a Twitter Chat: Do We Need Offices Anymore?When we think about how the COVID-19 pandemic has changed the legal industry, one (frankly huge) question comes to mind: Do we really need offices anymore? As many are still working from home, meeting with clients over Zoom and some even conducting jury trials online, life of commuting to and from work seems farther away than February.Read More ›
