Features
Court Watch
Highlights of the latest franchising cases from around the country.
Too Little, Too Late: The Franchisee's Perspective on the Revised FTC Franchise Rule
The Federal Trade Commission ('FTC') labored a dozen years to revise its Franchise Rule ' only to give birth to a mouse.
Features
Competition Law and Distribution in East Asia
While franchise lawyers, both domestically and in foreign jurisdictions, tend to focus their primary attention on matters of importance that are specific to franchise relationships, most are keenly aware that franchising is essentially just a form of distribution. Therefore, laws and regulations of broader impact can often be of critical importance. While distribution systems may often escape the applicability of franchise laws, franchise relationships nevertheless often have to deal with those affecting distribution generally.
Associations Seek Role in Accounting Standard Reinterpretation
In a recent development in the ongoing reinterpretation of the accounting standard for commercial leases by the International Accounting Standards Board ('IASB') and the Financial Accounting Standards Board ('FASB'), The Equipment Leasing and Finance Association ('ELFA') has announced that six equipment finance representative associations from around the world have signed a joint communication seeking to have them play an instrumental and constructive role in the process. The joint communication by the ELFA, the UK Finance and Leasing Association, Leaseurope, the British Vehicle Rental and Leasing Association, the Australian Finance Conference, and the Canadian Finance & Leasing Association set forth 11 key principles that should be addressed as the IASB and FASB proceed with deliberations toward a single, efficient global leasing standard.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Personal Liability for Excess Verdicts
In today's litigious environment, physicians consistently struggle with rising malpractice premiums. For those inclined to stop reading here, this article will not attempt to rehash the contentious debate over why malpractice premiums continue to rise. Rather, we want to discuss a fairly new and rapidly growing problem for physicians: personal liability for excess verdicts.
The Dog Ate My Hard Drive
In recent years, electronically stored information ' or 'ESI' as it has come to be known ' has become an increasingly 'hot topic' during discovery. Many attorneys now include questions regarding ESI in their standard discovery requests, and several of the recently enacted amendments to the Federal Rules of Civil Procedure address ESI-related discovery. Therefore, clients and counsel alike must have a clear understanding of their obligation to preserve ESI and the proper process for doing so.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
