In this Q&A, Misty Chally, the Coalition of Franchisee Associations' deputy executive director, discusses the mission of the organization and its future plans.
Speakers at the International Symposium on Franchising stressed the danger to brand owners of making assumptions about how new markets will perceive their products and services.
While some people are disappointed by mediations that do not magically produce settlements, more often than not, they do produce resolutions that are preferable for both franchisee and franchisor (though maybe not for their lawyers) than results obtained in either litigation or arbitration.
This article addresses conflicting court decisions on the extent to which an insured's allegations of insurer bad faith eviscerate the insurer's attorney-client privilege.
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. This article addresses that gap and explores the insurance implications of the likely "first wave" of lawsuits — suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm.
Torturing, maiming, decapitating and urinating on human beings are rare topics in U.S. Supreme Court arguments. But the justices on Nov. 2 heard all of them as they entered the world of video gaming in a First Amendment challenge to a California law.
This article explores some of the practical impacts of the MMSEA on settlement of product liability cases. It does not address the reimbursement process vis-'-vis judgments or claims involving ongoing or future medical treatment, although some of the same principles and procedures apply.
This two-part article addresses the strategic question of whether defendants sued by foreign plaintiffs for alleged foreign misconduct should pursue <i>forum non conveniens</i> dismissals.
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
In a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."
