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.
Access to SBA Contracts
Under current U.S. Small Business Administration ('SBA') regulations, franchisees and licensees are not, by virtue of their contractual franchise and license agreements alone, ineligible to bid on small business set-aside procurement contracts or to apply for SBA loans. Although franchise or license relationships do not make franchisees or licensees automatically ineligible, they are cause for affiliation scrutiny by the SBA or protesting bidders if a franchisee or licensee is the successful bidder on a procurement or is an applicant for an SBA loan.
Anticipated New Federal Rules on Electronic Discovery
The following is a summary of key issues addressed by Paul Reeve and Jonathan Solish in a session about electronic discovery that they led at the 2006 International Franchise Association Legal Symposium in Washington, DC. The summary was prepared by the authors of the presentation.
Features
In the Courts
Important rulings of importance to you and your practice.
Selective Privilege Waiver and Proposed FRE 502
This summer, the standing committee on the federal rules of the Supreme Court's Judicial Conference will propose for public comment Federal Rule of Evidence 502 and Committee Notes, initially drafted and recommended by the Advisory Committee on Evidence Rules. Proposed Rule 502 addresses the waiver of privilege arising from the production of documents: the effect of inadvertent production, the scope of the waiver arising from both inadvertent and intentional production, and ' the subject of this article ' the effect on future claims of privilege of producing documents to the government in the course of an investigation.
<b>Product Review:</b> TimeMap 4: Timeline Graphing For Lawyers
TimeMap from CaseSoft (www.casesoft.com) has always been one of the best timeline-graphing tool available to lawyers. The latest version, TimeMap 4, contains a number of significant improvements from the TimeMap 3 version that makes it even more powerful for lawyers. Lawyers and legal IT departments may also be familiar with the other software products in the CaseSoft arsenal: CaseMap, NoteMap, Text-Map and DepPrep.
Using Technology To Be Better, Faster And More Cost- Effective Than the Competition
Superior representation during litigation involves more than persuasion, skill and mastery of the law. It means getting a favorable outcome while being better, faster and more cost-effective than the competition. One of the ways we have been able to achieve litigation success is by partnering with tech-savvy service providers. We have been able to strengthen our position and efficiency by working with a reporting firm that has access to the latest technology for exhibit bundling, on-demand Web access and transcript management. Other paralegals and attorneys in our firm have taken notice ' as have the client and opposing counsel.
<b>Product Review:</b> A Solution For Today's Data-Intensive Litigation Workflows
Bowman and Brooke LLP has 160 trial lawyers coast-to-coast in Minneapolis, Phoenix, Detroit, San Jose, CA, Los Angeles and Richmond, VA. Together, the firm defends corporations in products liability, toxic torts and other high-stakes litigation throughout all 50 states. <br>The nature of the firm's work ' and litigation in general ' is collaborative, and often dependent upon massive amounts of data. The explosion of documentary evidence brought on by compliance and electronic discovery obligations has made finding, organizing, analyzing and understanding case evidence more challenging than ever before.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›