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Drafters of (and all parties to) commercial leases should be aware that just using a magic phrase, such as "triple net," is probably insufficient to automatically alter the parties' otherwise express rights and duties.
Features
Highlights of the latest franchising cases from around the country.
Features
This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.
Troy Flanagan, director of government relations for the International Franchise Association, recently discussed with <i>FBLA</i> many of the critical federal policy and economic issues that are affecting the franchising industry.
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Recent rulings around the states.
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So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?
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Important rulings of interest to you and your practice.
Because discovery stays can benefit both the prosecution and the defense, each side will continue to request, or resist, them when the need arises. As a result, no significant change in discovery practice in parallel proceedings is likely to come from piecemeal litigation.
Features
On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act. The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.
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Because prosecutors have a responsibility not merely to win, but to ensure that the defendant has a fair and impartial trial, it is professional misconduct for a prosecutor to intimidate or improperly influence a defense witness to change his or her testimony or to refuse to testify for the defense.