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Keys for Successfully Mediating Franchise Disputes Image

Keys for Successfully Mediating Franchise Disputes

Charles S. Modell

Many franchise agreements now require the franchisor and franchisee to meet face-to-face, with an independent mediator, before any adversary proceeding is initiated between them. Even without such a provision, many practitioners advocate mediation as a means of settling franchisor-franchisee disputes.

Landlord & Tenant Image

Landlord & Tenant

ljnstaff & Law Journal Newsletters

Estate of Deceased Tenant Has Contract Right

Columns & Departments

Development Image

Development

ALM Staff & Law Journal Newsletters

A look at three key cases.

Features

NLRB Changes Rules for Determining Joint Employers Image

NLRB Changes Rules for Determining Joint Employers

Charles G. Miller

The long-awaited decision of the National Labor Relations Board (NLRB) in <i>Browning-Ferris Industries of California</i> set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.

Features

Restaurant Chain Accuses CT BBQ Restaurant of Trademark Violation Image

Restaurant Chain Accuses CT BBQ Restaurant of Trademark Violation

Michelle Tuccitto Sullo

A Bridgeport, CT, restaurant's use of a logo with the letters BBQ against a flame backdrop has an out-of-state restaurant chain fired up.

Features

Ninth Circuit Insulates Corporate Insider from Preference Liability Image

Ninth Circuit Insulates Corporate Insider from Preference Liability

Michael L. Cook

"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. Here's an in-depth analysis of the ruling.

Columns & Departments

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of a case in the Seventh Circuit in which a wire fraud and bribery conviction was upheld for a County Director In Illinois. Also, a look at a case out of the Second Circuit involving whistleblowing.

Features

2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices Image

2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices

Bill Piwonka

The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.

Features

Forum Selection Clause Held Waiver of Removal Right Image

Forum Selection Clause Held Waiver of Removal Right

Barry M. Klayman & Mark E. Felger

A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?

Features

Legal Departments and Law Firms Image

Legal Departments and Law Firms

Joseph E. O'Neil & Alfred R. Paliani

The International Association of Defense Counsel (IADC) recently conducted its 2015 Inside/Outside Counsel Relationship Survey in order to gain a better understanding of the relationship between lawyers in corporate legal departments and lawyers in law firms. The results are reported herein.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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