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Damages from Defaulting Franchisees: More Options Than You Think Image

Damages from Defaulting Franchisees: More Options Than You Think

Jon S. Swierzewski

When the relationship between a franchisor and a franchisee breaks down, one might think the standard measure of damages is just the lost franchise fees. However, just as a simple failure to perform is not the only type of wrong suffered by franchisors, unpaid fees are not the only types of damages available. This article examines a number of cases in which the franchisor's claims — and claimed damages — were outside the ordinary.

<b>Decision of Note</b>California Further Defines Transformative Use Image

<b>Decision of Note</b>California Further Defines Transformative Use

Schuyler M. Moore

The California Supreme Court has held that the First Amendment protected D.C. Comics against a right of publicity claim brought by Johnny and Edgar Winter, well-known musicians from Texas, based on a series of comic books that incorporated the Winter brothers as characters, albeit transformed into the 'Autumn Brothers' as villainous half-worms.

Dealing With the Implications of Pay-or-Play Agreements for Talent Image

Dealing With the Implications of Pay-or-Play Agreements for Talent

Sunny Brenner

Disputes arising out of 'pay-or-play' deals between film producers and talent are among the most fertile and reliable breeding grounds for litigation in the entertainment industry.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Recent developments in entertainment law.

Features

Courthouse Steps Image

Courthouse Steps

ALM Staff & Law Journal Newsletters

Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

Features

<b>Clause & Effect</b>Enforcement of Contestant Confidentiality Agreements Image

<b>Clause & Effect</b>Enforcement of Contestant Confidentiality Agreements

Stan Soocher

With the increase in 'Survivor'-type reality TV shows ' and competition between program producers ' has come the need for greater protection of production secrets. Applicants and contestants for such reality programs are often asked to sign confidentiality agreements to prevent trade secrets from being divulged. But how binding is a confidentiality agreement if a contestant accuses a producer of manipulating a reality show's outcome?

Cameo Clips Image

Cameo Clips

ALM Staff & Law Journal Newsletters

Recent cases in entertainment law.

IN THE MARKETPLACE Image

IN THE MARKETPLACE

ALM Staff & Law Journal Newsletters

Central Leasing Corporation of Birmingham, AL has named Barry Thomas as credit manager. Formerly vice president and group manager at SouthTrust Bank, Thomas will be responsible for overseeing the credit department for the commercial leasing and finance company. In addition, he will also be responsible for managing day-to-day operations.

An Overview of The Terrorism Risk Insurance Act Image

An Overview of The Terrorism Risk Insurance Act

David G. Mayer

The Terrorism Risk Insurance Act of 2002 (the Act) was signed by President Bush on November 26, 2002. Lessors should be familiar with the Act as it provides protection against certain terrorist threats and affects multiple lines of insurance coverage they may want from lessees. The Act also requires awareness of new changes in lessors' insurance documentation and coverage.

Automobile Lessors Beware: Vicarious Liability in Three States Image

Automobile Lessors Beware: Vicarious Liability in Three States

Pauline P. Clark

A Rhode Island Supreme Court decision has caused lessors to think twice about leasing motor vehicles in the State of Rhode Island. In <i>Oliveira v. Lombardi</i>, 794 A.2d 453 (R.I. 2002), the Rhode Island Supreme Court held that two automobile leasing companies may be held vicariously liable under Rhode Island's vicarious liability statutes for the negligence of drivers operating motor vehicles titled in the leasing companies' name.

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