The federal government's estimated third-quarter bricks-and-mortar retail and e-commerce retail spending are in. And there's good news and there's bad news.

In the last few months, two major retailers ' Target and Apple ' have entered into settlements with the National Federation of the Blind ("NFB") over allegations that the retailers' Web sites violated the Americans with Disabilities Act ("ADA") because they were not accessible to the blind.

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Anyone trying to keep an e-commerce site afloat didn't ' and still doesn't ' need to read the newspaper to realize the business downturn: the grim news appears every day in the cash till, in the aging-of-receivables report, and in overdue payables. While the down times are as inevitable a part of a business cycle as the booming times, that realization doesn't satisfy the bank, the critical vendor at the door or the payroll processor that must be paid.

Who's doing what; who's moving where.

The latest news from the franchising world.

CA Court Rules Jury Trial Waiver Was Not Conspicuous

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Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.

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In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.