Columns & Departments
Court Watch
Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request <br>Forum Selection Clauses Are Alive and Well
Columns & Departments
In the Courts
A look at a Ninth Circuit ruling in a case involving the sale of unregistered securities.
Features
<b><i>In the Spotlight:</i></b> Restaurant Leasing
Restaurant lease agreements represent a highly unique subcategory in commercial leasing. This article highlights a variety of lease provisions that are particularly germane to restaurant tenants.
Features
When There Is No License, Is There a Marriage?
Consider this situation: In the midst of a matrimonial proceeding, an undisclosed fact comes to light ' the client was previously religiously married and obtained a religious divorce, but never obtained a marriage license or civil divorce. What now?
Features
Problems with the New Test for Joint-Employer Status
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Wyndham Settles FTC Data Breach Suit
Being a test case can make you a hero, your name immortalized in case cites as you bask in amici gratitude.
Features
Litigating Effectively in a Contentious Environment
Frivolous lawsuits. Sneaky discovery decisions. Unreasonable motion practice. "Rambo" litigators. If you are a defense attorney, you likely encounter one or more of these abusive litigation tactics on a monthly ' if not a weekly ' basis. How can they be addressed?
Navigating Litigation Conflicts in Troubled Corporations
When a corporation finds itself in troubled financial waters, litigation by shareholders and creditors often follows. Increasingly, such litigation takes the form of a class action suit commenced against the company, followed closely by a derivative action against the directors and officers. This may lead to significant ethics challenges for the attorneys involved.
Columns & Departments
Bit Parts
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
Features
SEC Sets Limits on Crowdfunding
On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›