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The latest news from the franchising world.
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Recent rulings of interest to you and your practice.
Features
Franchisor's Non-Compete Upheld In New Jersey
A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. <i>Jackson Hewitt Inc. v. Childress</i>, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.
Features
FTC Releases Franchise Rule Compliance Guides
Perhaps you've heard: On Jan. 23, 2007, the Federal Trade Commission adopted the comprehensively revised FTC Franchise Rule ('The Amended Rule') and released the 'Statement of Basis and Purpose' ('SBP'), which clarified the Amended Rule's requirements and prohibitions. Compliance with the Amended Rule has been optional since July 1, 2007, and became mandatory on July 1, 2008.
<i><b>Product Review</b></i> JD Supra Seeks to Revolutionize Online Content for Lawyers
As summer associates struggle to answer obscure research questions over the next couple of months, and when their predecessors start full time this fall, they may find an answer to their late-night prayers in JD Supra, a new online service that offers completely free access (with registration) to a variety of documents, including legal memoranda, briefs and unpublished court decisions.
Features
How to Increase Your Odds of Project Success Through the RFP Process
Are you among the majority of IT professionals who view the Request for Proposal ('RFP') as the most tedious business document ever created? The RFP itself is fairly standardized, but the process of collecting information and evaluating vendors is time-consuming and uninspiring. While there are any number of thick manuals that describe the best practices for an RFP process, this article may shed light on some 'quick wins' that will enable you to boost the efficiency of your RFP process.
Features
Ensuring Security with VoIP
Among U.S. businesses, Voice over Internet Protocol ('VoIP') is growing in popularity and will continue to do so. In-Stat predicts that two-thirds of U.S. businesses will have some form of VoIP service by 2011. When deciding to use this powerful technology, organizations should look for VoIP providers that offer specific security measures within their product to ensure that the technology is used most effectively ' and virtually without any security concerns.
Features
A Commercial Landlord's Rights in Bankruptcy
Having a tenant in bankruptcy can be one of the most frustrating ' and costly ' experiences that a commercial landlord endures. This article presents the landlord's various options, explore its options and provide guidance on protections and rights that landlords possess.
LIBOR and Bankruptcy in the Current Market
Distressed companies and those in bankruptcy nearly always require some amount of loans to fund their recovery, exit from bankruptcy, or sale. What happens when those loans are not available, too expensive, or too risky in the eyes of the capital market? Combine that with volatility in The London Interbank Offer Rate, 'LIBOR,' the rate at which money is lent to other banks, and the terms, in particular, interest rates, that are offered to these distressed borrowers, are constantly in change.
Features
The Enterprise Bankruptcy Law of the People's Republic of China
In August 2006, after some 12 years of preparation, the Enterprise Bankruptcy Law ('EBL') of the People's Republic of China ('PRC') was signed into law by President Jintao Hu. The new law went into effect on June 1, 2007. The EBL supersedes the 1986 Interim Enterprise Bankruptcy Law, as well as all or a part of a variety of other regimes and statutes, including the People's Republic of China Company Law and the Foreign Invested Enterprise Liquidation Procedure. This article is a consolidated analysis of some of the significant features of the EBL.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
