Why U.S. Franchisors Should Care About the Winds of Change in Ontario
For U.S.-based franchisors seeking international expansion, Canada is often the first choice for a host of obvious reasons: proximity; common language (almost); similar purchasing patterns; reaction to Canadian-tourist expression of interest; cross-border spill-over advertising; relatively low incremental cost to service a nearby 51st market area with a population roughly the size of California; etc.
Mainstreaming California's Franchise Rules
Since California introduced the world to franchise sales laws in 1970, it has repeatedly distinguished itself for its sometimes-curious approach to regulating franchise relationships within its borders. Recent events, however, suggest California is moving mainstream.
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Features
<b>Decision of Note:</b><b>Foreign Website Subject to DC Jurisdiction</b>
The U.S. District Court for the District of Columbia decided that a company based in Madrid, Spain, was subject to personal jurisdiction in the District of Columbia by maintaining a Web site that enabled DC residents to download unlicensed sound recordings. The ruling provides a liberal view for finding both specific and general jurisdiction over Internet defendants.
Attorney Fees Update
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns.
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Discrimination Cases Update
The entertainment industry seems especially subject to discrimination cases ' whether based on age, sex, race ' and sexual harrassment/hostile work environment suits. <i>EL&F</i> will compile and report on them periodically.
Unreleased O'Jays Recordings Can Be Distributed
The U.S. District Court for the Eastern District of Pennsylvania lifted a temporary injunction that barred distribution of a new album by The O'Jays ' whose hits in the 1970s included "Love Train" and "Backstabbers" ' after finding that the group most likely had no power under its contract to stop its label from issuing a collection of previously unreleased songs.
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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 ›