'Pipeline' Franchise Sales and Redisclosure
Pipeline" franchise sales are sales of franchises to franchisees who received a now (or soon to be) superseded Franchise Disclosure Document (FDD) but who have not yet signed a binding agreement with, or paid any money to, the franchisor. This article addresses these sales and what steps a franchisor must take with respect to franchisees in the pipeline once the franchisor has issued a new successor FDD (such as happens every year at franchise registration renewal time).
IP News
Patent Co-Owners Cannot Be Involuntarily Joined as Parties <br>IPR Procedural Right to Appeal Does Not Grant Art. III Standing<br>Federal Circuit: <i>Suprema v. ITC</i> to Be Reheard <i>En Banc</i> by the Federal Circuit
Features
New French Employment Legislation One Year Later
On June 14, 2013, France enacted the so-called "Employment Securization Law." This affects the operations in France of companies whose headquarters are located in other countries, such as the United States.
Features
The Problem with Europe's 'Right to Be Forgotten'
In Europe, search engines are classified as "data collectors" rather than news or media outlets, and the European Union's Charter of Fundamental Rights guarantees every person the right to "protection of personal data.
Features
The Death Benefit Only Plan for Non-Profits
The Death Benefit Only (DBO) Plan for Non-Profits is an arrangement in which the employer, a 501(c) non-profit organization, agrees to pay the actuarially determined cost of the current death benefit on a permanent life insurance policy to be owned by the employee or employer. The employer and employee enter into a written agreement that ordinarily requires the employer to make premium payments as long as the employee works for the employer.
Features
Court of Appeals Determines Standing to Challenge DEC Regulations
The Court of Appeals recently attempted to balance two important, and often conflicting, public policy considerations underlying standing to bring an Article 78 proceeding ' namely that "courts are adjudicating actual controversies for parties that have a genuine stake in the litigation" while also ensuring that there is not an "impenetrable barrier" to the review of the administrative action.
Features
Divided Infringement after the Supreme Court's Decision in <i>Akamai</i>
In Limelight Networks, Inc. v. Akamai Techs., Inc., the Supreme Court unanimously ruled that inducement of infringement under 35 U.S.C. '271(b) requires an act of direct infringement under '271(a) ' that is, one entity must perform all steps of a claimed method.
Columns & Departments
In the Courts
Analysis of two pivotal rulings.
Features
Going Digital ' With Signatures
When was the last time you had to sign a document or collect signatures as part of a larger business process? Or wait on someone else for a signature? Did you opt for the old-fashioned "wet signature" or the new-fashion electronic version?
Features
Lawyers or Technicians: Who Make Better e-Discovery Project Managers?
The demand for e-discovery project managers is extreme, thus the bulk of career opportunities for e-discovery professionals are in project management. But not every e-discovery project manager has the same background or is even the same type of project manager.
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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- 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.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›