Features
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Gathering Storm
There is an insidious trend developing in the franchise sales arena: Lawyers are being sued when bad things happen to a franchisee as a result of alleged defects or misdeeds in the franchise sales process. The problem, as so often is the case, is defining the boundaries to which the lawyer must adhere. I am particularly troubled about this trend to expand the boundaries beyond historical expectations.
Appellate Court Declines Look at Subjective 'Good Faith' in Contract
The Supreme Court of Ohio recently held that a court cannot make a subjective inquiry into a gasoline distributor's motives in setting price levels where the prices were both commercially reasonable and nondiscriminatory, notwithstanding the plaintiffs' allegations that the prices were set at a level to try to force them out of business.
Features
Trucking and Machine Tool Repos Decline In Q3
The third-quarter results of Nassau Asset Management's NasTrac Quarterly Index ("NQI") show a decline in trucking and machine tool repossessions, as compared with the same quarter last year, while construction and printing equipment repos continued to rise.
New Burdens for Federal Contractors
It is becoming more burdensome under the Obama administration for leasing companies to do business as federal government contractors. In addition to maintaining an Affirmative Action Plan with accompanying statistics, reports, and logs, contractors will now be required to post a notice informing employees of the right to organize a union under the National Labor Relations Act and be required to use the federal E-Verify system to authenticate the identity and employment eligibility of job applicants and employees.
Canadian Insolvency Law Amendments
On Sept. 18, 2009, the Canadian government enacted significant Amendments to Canada's Bankruptcy and Insolvency Act and Companies' Creditors Arrangement Act. This article focuses on certain of the Amendments to which equipment financiers should pay particular attention as they may impact how equipment financiers transact business.
Features
Is There a Chinese Import Nightmare Looming from Nonroad Equipment?
Small, spark-ignited nonroad engines from China are the latest imports that run afoul of U.S. standards, as many do not meet the requirements of the Clean Air Act.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Labels File Lawsuits Over AI Companies' Alleged Copying of 'World's Most Popular' RecordingsMajor record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of "willful copyright infringement on an almost unimaginable scale."Read More ›
- Leveraging the Patent Professional for New Venture DevelopmentBusiness-focused patent protection fundamentally improves the ability of a given product or process to attract a market. It is important for patent professionals to structure regular interactions with business leaders to both impact early business decisions, as well as gain alignment to an individual industry's dynamics. While there can be no fundamental template applicable to all technologies and all business needs, this article is intended to be a guide for efficient integration.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›