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Features
CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete
What can a franchisor do if some of its franchisees or business partners (who are not parties to the litigation) are slapped with broad and burdensome subpoenas from disgruntled franchisees or potential franchisees in litigation? In many cases, the answer may be nothing. The Federal Rules of Civil Procedure generally do not allow a party to seek to enforce the rights of others (many states have analogous rules, as well).
In Canada, franchise disclosure documents ('FDDs') are not reviewed by any government agency. It is up to the franchisor to prepare and deliver the document correctly, failing which the franchisee can, for a limited period of time, send in a rescission notice.
This is the fifth and final entry in a series of articles discussing how in-house counsel can better manage litigation matters.
The Canada-based, Louisiana-flavored B'ton Rouge franchise system features ribs, beef, and fish in a casual-dining atmosphere, with about 20 franchised restaurants operating in Qu'bec and Ontario. One of the Ontario locations is the battleground for the case to be outlined in this article: <i>4287975 Canada Inc. v. Imvescor Restaurants Inc. et. al.</i>
Features
In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.
In today's challenging economic environment it is a familiar story: After a protracted period of slow pay and then no pay, your customer (or borrower, joint venturer, counter-party, etc.) files a bankruptcy petition, leaving you holding the bag. And that's only the beginning.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently, including amendments to the corporation laws of Delaware, California, and New York. This edition also includes two recent decisions of interest from the Delaware Chancery Court.
In-depth analysis of recent rulings.
Everything contained in this issue, in an easy-to-read format.