'Would You Like Fries with That?'
Recent court decisions addressing the classification of "goods" versus "services" have shed some light on the proper definition of "goods" in the context of whether a particular claim is for "goods" under ' 503(b)(9). However, these decisions have left open some key questions.
Q&A: Rebecca Turner Shares Her Unique Perspective As a Franchise Attorney and Franchisee
In this Q&A, Rebecca Turner discusses how her experience as a franchisee has affected her legal career and how she uses that perspective to work with franchisees and franchisors.
Recent Developments in Europe and Australia
This article addresses developments in international franchising, including recent changes in Australia, the European Union, and several countries in Europe.
Features
The State of the Credit Markets: Implications for the Restructuring Community
A recent regression from credit recovery trends calls into question whether the momentum from early this year can be regained.
Municipal Bankruptcy: Coming Soon to a Court Near You
As tax revenues have declined in the face of falling incomes, sales and property values, more cities small and large have disclosed that resort to Chapter 9 of the Bankruptcy Code, the municipal bankruptcy law, has made it onto their agendas.
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
State Regulators Declare Registration Do's and Don'ts
At the "Ask the Regulators" session at the IFA's 2010 Legal Symposium, representatives of three registration states offered suggestions about how to make the franchise state-registration process run more smoothly.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
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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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.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 ›
- 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 ›
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