Features
Advancing Women in Law Firms
This article lays the groundwork for those in power to learn how they can help women lawyers succeed.
Features
Forfeiture-for-Competition Agreements
Law firms are constrained by professional ethics in how they address the issues of lawyer mobility. Rule 5.6 of the ABA Model Code of Professional Responsibility expressly prohibits lawyers from entering into agreements that restrict their right to practice, including covenants not to compete. The overwhelming majority of jurisdictions interpret the rule to preclude less direct restrictions on competition, including financial penalties known as 'forfeiture-for-competition' agreements.
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Movers & Shakers
News about lawyers and law firms in the franchising industry.
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.
Features
Quiznos Beats Class Action: Disclaimer Clauses Commonly Used By Most Franchisors Upheld as Fully Enforceable
Quiznos successfully beat back a class action challenging its supplier arrangements in <i>Westerfeld v. The Quiznos Franchise Company.</i> One important aspect of this decision is that the Eastern District of Wisconsin court had no problem dismissing a class action challenge to Quiznos' supplier arrangements on the basis that various disclaimer clauses commonly used by most franchisors were fully enforceable and effective to bar the franchisees' fraud and RICO claims.
Ten Rules for Franchisors to Reduce Litigation Risks
This is the conclusion of a two-part series in which we distill the best litigation-related advice for franchisors into 10 simple rules. The rules emphasize common sense, foresight, and recognition that skilled and successful franchisees are an indispensable element in overall system success.
Features
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›