Features

Many managing partners tell us they are struggling to get their arms around new tools and techniques for driving more efficiency and cost-effectiveness into legal service delivery. Firms are seeing more and more RFPs in which clients make increasingly draconian demands for better management and control of legal work. AFAs (alternative fee arrangements) are reshaping not just pricing and profitability, but the whole way in which matters are staffed and billed.

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CKx Inc., the entertainment company that holds the rights to <i>American Idol</i> and other TV programs, and is involved in litigation over its acquisition by Apollo Global Management LLC, cannot order the challenging shareholder to accept the undisputed portion of the purchase price of its stock, the Delaware Court of Chancery ruled.

For many viewers, the main attraction of Hollywood award ceremonies are the gowns and tuxedos worn by celebrities as they stroll from interview to interview on the red carpet. A positive appearance can be a make-or-break moment for the fashion houses that outfit the stars and bring sought-after attention to the star. But what rights govern the wearing of designer gowns by celebrities at these events? And what rules apply when designers want to make commercial use of the celebrities who wear their creations?

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U.S. Supreme Court Strengthens Franchisors' Ability to Litigate In Chosen Forum <br>Arbitration Provision Not Enforced Against Franchise Transferee<br>Franchisor Entitled to Terminate Franchises Without Notice Based on Fraudulent Inducement

The implications of the ruling are clear: Where one company seeks to acquire the assets of another, a simple disclaimer of liability will not be sufficient. Due diligence requires that the successor company closely examine any pending employment-related litigation of the seller and determine how a particular sale implicates the successor liability test under the federal common law.

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Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.

Features

A price charged by a franchisee that is too low can adversely affect other franchisees and the franchisor by discouraging the provision of pre- and post-sale services, eroding brand image and jeopardizing the ability to introduce new products by depressing price points. Although relatively rare, a franchisee also may cause marketplace problems by charging too high a price for an attractive, new product in great demand.

When the U.S. Supreme Court 25 years ago decided <i>Basic, Inc. v. Levinson</i>, it adopted a legal theory that commentators would describe as revolutionizing securities law in the United States. By accepting the "fraud-on-the-market" theory, the <i>Basic</i> Court made it much easier for plaintiffs to get their cases certified as class actions, increasing the potential exposure of corporations and their officers and directors.