Court Watch
Highlights of the latest franchising cases from around the country.
CPSC Poised to Implement Online Product Hazard Database
The CPSC is posed to unveil its own online reporting system and public database of actual and potential product hazards. Unless the CPSC implements adequate safeguards, information disseminated through the new online database may be wholly unverified.
Features
Attributes of Successful Managing Partners
Hardly a week passes without receiving information about a new publication or seminar about law office management. However, information is not readily available about what specifically managing partners and members of management committees should do to coalesce their partners, associates and staff into a well-managed and informed organization.
Features
The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for Franchisors
Franchisors, like other businesses, should periodically review their insurance policies to make certain that they understand the scope of their existing coverage and to identify (and remedy) any significant gaps in that coverage.
Features
Change As a Management and Marketing Tool
In this economic environment, the word "change" looms large in professional services dialogue. Professions can be fairly rigid and resistant to innovation. But the times seem to have accelerated the need for new ideas and structures to cope with new economic and social problems and opportunities.
Mac's Shell Service, Inc. v. Shell Oil Products: Looking for the Practical Answer
Even though franchising represents a significant part of the commercial activity in the United States and the U.S. Supreme Court regularly considers legal issues pertaining to commerce, it's rare for the Court to hear a case that is directly related to franchising. But such a rarity took place on Jan. 19, 2010, in <i>Mac's Shell Service Inc. v. Shell Oil Products Co.</i> Craig R. Tractenberg, a partner at Nixon Peabody LLP, was in attendance, and he describes the oral argument.
Alternative Fees
The desire among senior corporate counsel and management to control costs has pushed consideration of alternative fee arrangements (AFAs) to the forefront. Some estimates suggest that within five years, as much as half the Am Law 200 revenue might come from AFAs.
The 'Faithless Servant' Doctrine
Applying the "faithless servant doctrine," the Massachusetts Supreme Judicial Court recently permitted an employer to recover compensation it had paid to a high-level executive who had been the subject of numerous sexual harassment complaints by other employees.
Features
Employment Rights of Domestic Violence Victims
Several states have enacted laws to protect the employment rights of domestic violence victims, New York among them. Here's why.
Defending Spoliation Claims
The duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 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 ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis 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.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›