As anyone, whether an attorney or not, might guess, the Internet has created in e-commerce more opportunity than ever for counterfeit goods to be displayed, bartered and sold. Human nature being what it is, an unprecedented number of individuals who feel that they are beyond the reach of U.S. law have fueled an historically high level of foreign counterfeit-goods transactions, resulting in many millions of dollars of economic damage to America.
Those of us involved in e-commerce pay particular attention when online sellers are involved, such as the report that the same e-seller sold a gun or accessories to two well-publicized killers. This year, however, there is an additional legal twist.
Who's doing what; who's going where.
Highlights of the latest franchising cases from around the country.
In this Q&A, Liss-Riordan discusses Awuah, et al. v. Coverall North America, Inc., as well as the general significance of litigation about the classification of franchisees and wage-and-classification issues for employees of franchisees.
Recent key rulings around the country.
Criminal convictions may result in numerous penalties beyond the imprisonment or fine imposed after trial. Commonly referred to as the "collateral consequences" of a conviction, these often hidden and misunderstood penalties exist in two forms.
Arbitrations have expanded in scope and complexity over the years such that many arbitrations now closely resemble a court or jury trial. In response, franchise counsel should incorporate language in the arbitration provision in the franchise agreement that gives the parties the express right to employ litigation tools typically used by plaintiffs and defendants to resolve issues before incurring the time and expense associated with full-blown trials.
Pharmaceutical and medical device manufacturers have argued that FDA restrictions on off-label promotion infringe their First Amendments rights. While First Amendment defenses are difficult, two recent cases have placed this issue back in the spotlight.
