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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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›