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Mac's Shell Service, Inc. v. Shell Oil Products: Looking for the Practical Answer Image

Mac's Shell Service, Inc. v. Shell Oil Products: Looking for the Practical Answer

Craig R. Tractenberg

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 Image

Alternative Fees

John F. Brown Jr.

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 Image

The 'Faithless Servant' Doctrine

Mark N. Reinharz

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 Image

Employment Rights of Domestic Violence Victims

John D. Shyer & Amy S. Donovan

Several states have enacted laws to protect the employment rights of domestic violence victims, New York among them. Here's why.

Defending Spoliation Claims Image

Defending Spoliation Claims

Kim Leffert & Michael P. Daly

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.

Features

Eleventh Circuit Nixes Sex Harassment Claims Image

Eleventh Circuit Nixes Sex Harassment Claims

Alyson M. Palmer

Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.

Employer's Failure to Give Notice of Claim Bars Insurance Coverage Image

Employer's Failure to Give Notice of Claim Bars Insurance Coverage

Kevin McCormick

An increasing number of employers have begun purchasing insurance, sometimes referred to as "employment practices liability insurance" (EPLI), or as a rider to a directors and officers liability policy, to cover any employment claims that arise in the workplace.

The Business Crimes Hotline Image

The Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings you need to know.

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

National rulings of importance to you and your practice.

Heightened FCPA Exposure for Executives Image

Heightened FCPA Exposure for Executives

Brian Whisler

In enforcement of the Foreign Corrupt Practices Act (FCPA), the standards are continuously evolving, leaving corporate executives increasingly preoccupied with how prosecutors and regulators might view their activities. Some executives say this issue keeps them up at night.

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