Court Watch
Highlights of the latest franchising cases from around the country.
Features
Contractually Amendable Retiree Health and Welfare Benefits
In a controversial decision, the Third Circuit has ruled that a debtor must comply with the stringent procedural and substantive requirements of 11 U.S.C. ' 1114 to terminate retiree health and welfare benefits that the debtor contractually retained the right to modify at will.
News Briefs
Highlights of the latest franchising news from around the country.
Features
<b><i>Looking Forward, Looking Back:</b></i> Supreme Court's <i>Rear Window</i> Ruling 20 Years Later
2010 is the 20th anniversary of a landmark U.S. Supreme Court decision that dealt with the copyright renewal-rights dilemma. The case centered on whether actor James Stewart and director Alfred Hitchcock could continue to exploit their classic-thriller movie Rear Window, which was based on the short story "It Had to Be Murder" by Cornell Woolrich.
Expert Testimony and the Changes to FRCP Rule 26
New federal rules will bring good sense to discovery with respect to expert witnesses. They also serve to emphasize the need to properly organize and preserve Electronically Stored Information using e-discovery experts before and during litigation or arbitration.
Features
League Impact on the Sports Team Bankruptcy Process
As more beleaguered team owners seek refuge in bankruptcy proceedings, the resulting clash of league interests with fundamental principles of bankruptcy law will result in the development of novel legal and practical solutions for financially distressed sports franchises.
Mandatory Arbitration of GM and Chrysler Dealer Terminations
In 2009, Chrysler and General Motors declared bankruptcy and terminated almost 2,000 of their dealers as part of overall restructuring. The dealers turned to Congress for relief. Congress responded by passing a bill, signed into law on Dec. 16, 2009, providing for mandatory arbitration for dealers seeking reinstatement. Did it work?
Features
e-Commerce News
New International Data Protection Coalition Announces Web Site
Features
Abusive Internet Social Networking Yields Infringement
As with domain names, social networking user names are often an extension of a person's or an organization's identity. Businesses, for example, use social networking identities to promote themselves as a source of goods and services. And the flip side of that coin is that abusive use of social networking user names allows a third party to benefit from the goodwill by-product endorsement. But here's the problem: Such abusive behavior constitutes intellectual property infringement.
Features
Pay Attention, Counsel!
As students returned to school recently, many may have been looking ahead to their next day off. And today, there are so many online schools that e-commerce executives are turning the chorus of Alice Cooper's classic 1972 schoolboy anthem "School's Out" ' "School's out forever" ' into reality by turning school into another form of e-commerce.
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
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Professional Development: How to Be An Ally In the Legal ProfessionLast year law firms sent out announcements about their commitment to Diversity, Equity, and Inclusion (DEI) efforts in response to racial tensions. One of the initiatives firms stated they implemented is a formal allyship program. However, allyship in not a program or a mindset. It is a verb.Read More ›
- Digital Dibs: Rival Views of Generative AI CopyrightsGAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike 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.Read More ›