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In a troubling development for franchisors, a Missouri federal district court has conditionally certified a class of plaintiffs in a collective action brought against Hotshots Sports Bar & Grill under the federal Fair Labor Standards Act and Missouri's wage and hour laws. The ruling in <i>White v. 14051 Manchester, Inc.</i> is concerning because it holds, at least preliminarily, that employees of independently owned franchises may be considered employees of the franchisor under the FLSA, based on a common form of control exercised in most franchisor-franchisee relationships.
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Franchisors do not want to be associated with insolvent or bankrupt franchisees; it's not good for the brand. Therefore, franchisors carefully craft provisions in franchise agreements designed to allow termination in the event of a franchisee's bankruptcy or the appointment of a receiver as a result of a foreclosure action, typically initiated by the franchisee's lender
Columns & Departments
Highlights of the latest intellectual property cases from around the country.
Features
Considering the provisions of supplemental examination and its contrasts with <i>ex parte</i> re-examination can help practitioners decide whether supplemental examination may benefit a particular patent.
Features
Mandiant, a Virginia-based cybersecurity firm, gave America a wake-up slap across the face last month by detailing how Chinese military hackers are infiltrating U.S. companies. And on Feb. 20, President Barack Obama's administration responded by announcing a broad plan to fight the cyber theft of trade secrets that included diplomatic pressure to discourage it.
Columns & Departments
Several key rulings are discussedl
Features
The trial court in <i>M.A.M. v. M.R.M.</i>, found it prudent to bar an attorney from sitting in while his client was examined in conjunction with a child custody case. We continue our discussion of the rationales behind this decision herein.
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A financial methodology called Divorce Fundingimported from Australia two years ago, is a specialized lending product for divorcing parties, their attorneys and accountants.