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Columns & Departments

Court Watch Image

Court Watch

Charles G. Miller & Darryl A. Hart

Recent Cases Raise Red Flags for Franchise Agreement Drafters <br>Ill. Appellate Court Holds FDD Earnings Claim Disclaimers Defeat Fraud Claim<br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant

European Civil Law, Franchise Agreements and the Duty of Good Faith Image

European Civil Law, Franchise Agreements and the Duty of Good Faith

Mark Abell

The "restrictive," "adaptive" and "collateral" approaches to a duty of good faith can be found in differing combinations and degrees in most of the civil jurisdictions in the EU, despite the fact that some of them have a very different historical perspectives and approaches to the concept of good faith. Last month we took a look at the German system; now, we turn to the French.

Bid to Topple Patent Law Doctrine Fails Image

Bid to Topple Patent Law Doctrine Fails

Julia Love

Palo Alto Networks' unusual bid to drive its patent battle with rival Juniper Networks into state court has fallen short.

Features

Amend Your Arbitration Clause to Comply with New Rules Image

Amend Your Arbitration Clause to Comply with New Rules

Craig R. Tractenberg

Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.

Columns & Departments

Net News Image

Net News

ALM Staff & Law Journal Newsletters

Ninth Circuit Cool to Privacy Claims against Facebook, Zynga <br>Cooley Advises LegalZoom in Private Equity Infusion

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape<br>Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim<br>'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Wyatt Delfino

Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting <br>Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents<br>FDCA Does Not Preempt State Unfair Competition Claims

The Death Benefit Only Program Image

The Death Benefit Only Program

Lawrence L. Bell

The Death Benefit Only (DBO) program provides non-qualified deferred compensation, and death benefits. The DBO program can be used by employers without regard to corporate and qualified plan limitations and may be provided by employers on a permissibly discriminatory basis. The DBO program, when structured properly, can accept elective or non-elective contributions on an individual employee basis. The benefits can also be used as Golden Handcuffs to retain valued employees.

Features

National Origin Discrimination Image

National Origin Discrimination

Paul Kehoe

Amidst a workforce characterized by rapidly changing demographics, employers and employees are faced with many challenges, including providing a workplace free from harassment and discrimination.

Features

Data Analytics Image

Data Analytics

Christopher Petrini-Poli & Scott Springer

Data analytics, the same data mining and interpretive analysis used for decades in other professions, is bringing change to the core business side of the legal profession ' and in the process, revealing great potential for increased efficiency, cost-savings and new ways of managing risk.

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