LJN Newsletters

  • Cooperation, Confidentiality and Waiver: Is There a Solution?

    Much has been written, in this newsletter and elsewhere, about the dilemma faced by corporations that want to cooperate with a government investigation by acceding to government "requests" for information protected by the attorney-client and work product privileges, while at the same time attempting to protect the otherwise privileged information from disclosure to the litigious world at large. Recent turf battles between federal and state prosecutors and regulators have only made more difficult any attempt to resolve the tension between two perceived needs: to cooperate, and to preserve confidentiality.

    February 06, 2004Howard W. Goldstein

  • Beware of the Boilerplate Introduction

    Many franchise agreements begin with an introductory paragraph, a "witnesseth" statement or various recitals that tout the virtues of the franchisor's business or systems. These introductory statements might state that the franchisor has "developed a proven system," "developed and perfected a system," or "developed a uniform system" for operating a particular type of business. The introductory statements also might highlight the success, reputation, or positive image of the franchisor's business systems.

    February 01, 2004Genevieve A. Beck

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    February 01, 2004Susan H. Morton and David W. Oppenheim

  • News Briefs

    Highlights of the latest franchising news from around the country.

    February 01, 2004ALM Staff | Law Journal Newsletters |

  • The Threat from Within: California Employees Become Labor Code Enforcers

    On Oct. 12, 2003, then-California Gov. Gray Davis signed Senate Bill 796 into law and created a new private right of action for California employees to enforce most provisions of the Labor Code (with the exception of certain workers' compensation provisions). S.B. 796 will likely have significant implications for all California employers, both for franchisors with either company-owned or franchised units in California, and franchisees operating in the state.

    February 01, 2004Arthur L. Pressman and Jeffrey M. Tanenbaum

  • An E. Coli Outbreak At a Chain Restaurant: A Case Study on How Easily Legal Liability Can Spread to a Franchisor

    In early January 1993, the American public was introduced to a deadly pathogen that has remained in the news ever since: E. Coli O157:H7. Hundreds of people were injured and four children died in what is still referred to as the Jack in the Box outbreak, even though a primary cause of the outbreak was adulterated hamburger patties manufactured and sold to the restaurant chain by one of its longtime suppliers.

    February 01, 2004Denis W. Stearns

  • Helping a Client Select an e-Billing System

    Law firms have a legitimate interest in encouraging clients to select and implement e-billing software that is cost-neutral or, preferably, advantageous to the firm. While many factors contribute to a mutually profitable e-billing setup, your research and potential advice to the client should cover at least these basics.

    February 01, 2004Howard Janis

  • IRS Proposes New Obligations for Tax Advisers

    With the stated purpose of restoring, promoting and maintaining the public's confidence in professionals providing tax advice, the Internal Revenue Service has issued proposed regulations that set forth "best practices" applicable to all tax advisers and mandatory requirements for advisers who provide certain tax shelter opinions. These proposed regulations, issued on Dec. 29, 2003, apply to all tax advisers who practice before the IRS (eg, lawyers and accountants) but are not intended to alter or supplement other ethical standards applicable to practitioners (such as the Rules of Professional Conduct).

    February 01, 2004Mark L. Silow, Esq.

  • Same-Sex Spouses in MA: The Effect on Employee Benefits

    The news lately has been filled with stories about the Massachusetts Supreme Judicial Court's ruling that a law banning same-sex marriages is unconstitutional. The ruling has a 180-day delayed effective date. Employers should begin to examine their benefit programs, as well as their policies and procedures, to determine what impact this ruling may have on their employee benefit plans.

    February 01, 2004Marcia S. Wagner