LJN Newsletters

  • Fields v. Yusuf

    Generally speaking, a physician is not liable for the negligent actions of hospital employees and staff who are not employed by the physician. There are, however, two key instances where a physician can be held liable for a non-employee's negligent actions: 1) when the physician discovers a non-employee's negligence during the course of ordinary care and fails to correct or otherwise prevent the ill effects of the negligent act; and 2) when the non-employee is under the physician's supervision and control such that a 'master and servant' relationship exists. Over the past several decades, the viability of this 'captain of the ship' doctrine has diminished, for several reasons.

    May 31, 2007Matthew R. Souther

  • Partial Birth Abortion

    In what may become a landmark decision on abortion rights, the U.S. Supreme Court recently upheld the federal Partial-Birth Abortion Ban Act of 2003 (the Act) in a 5-to-4 decision with implications extending beyond the abortion field.

    May 31, 2007Michael Brophy

  • News Briefs

    Highlights of the latest franchising news from around the country.

    May 31, 2007ALM Staff | Law Journal Newsletters |

  • Movers & Shakers

    News about lawyers and law firms in the franchising industry.

    May 31, 2007ALM Staff | Law Journal Newsletters |

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    May 31, 2007Cynthia M. Klaus and Sejal Desai Winkelman

  • Factors That Contribute to a Community of Interest

    Several states require a 'community of interest' between the parties to establish the requisite relationship to trigger the notice and disclosure requirements under the state's dealership or franchise laws. But ask franchise lawyers what is meant by this phrase, and what becomes clear is how unclear determining a community of interest can be. The U.S. District Court for the Eastern District of Wisconsin shed some light on the issue in its recent decision in Miller-Bradford & Risberg, Inc. v. VT LeeBoy, Inc., Business Franchise Guide '13,522 (filed Jan. 26, 2007).

    May 31, 2007Christopher M. Hanes

  • Exemptions and Prohibitions in the New Franchise Rule

    The New Franchise Rule deletes the four exclusions in the existing Rule for employer-employees and general partnerships, cooperative organizations, testing or certification services, and single trademark licenses, since a revised definition of 'franchise' in the Rule obviates the need for these exclusions. The New Rule retains the exemption for franchise sales under $500, fractional franchises, and leased departments, while adding an exemption for petroleum marketers governed by the Petroleum Marketing Practices Act, as well as for three categories of 'sophisticated investor.'

    May 31, 2007Daryl A. Hart

  • Conference Review: Implementation of FTC Franchise Rule Draws Significant Attention at IFA Legal Symposium

    With optional use of the updated Franchise Rule coming on July 1, 2007, and mandatory use beginning on July 1, 2008, the broad outlines of the Rule are well understood in the franchise industry even at this early point. Yet, as franchise attorneys work with individual clients, they are finding unique circumstances under which the Rule's guidance is confusing or even contradictory, particularly during the one-year transition period. Thus, two panel discussions at the International Franchise Association ('IFA') Legal Symposium on May 6-8 in Washington, DC, were the ideal opportunities for attorneys to raise what-if questions with regulators and their fellow franchise attorneys.

    May 31, 2007Kevin Adler

  • Understanding China's New Franchise Regulations

    The new franchise regulations recently issued by China's State Council became effective on May 1, 2007. Shortly after their promulgation, MOFCOM, the ministry that has authority to interpret and implement the regulations, issued two implementation guidelines, namely the Administration Rules on Commercial Franchise Filing and the Administration Rules on Commercial Franchise Information Disclosure. The regulations are intended not only to provide presale disclosure to prospective franchisees, but also to restrict use of franchising to legitimate business operators. Moreover, the regulations seek to gather statistical data on the scope of franchise activities in China through a franchise registration process.

    May 31, 2007Erik B. Wulff

  • What's Hot, What's Not

    News about lawyers and law firms in the partnership arena.

    May 31, 2007ALM Staff | Law Journal Newsletters |