Court Watch
Highlights of the latest franchising cases from around the country.
Features
Discovery in Arbitration Proceedings
This article marks the debut of an occasional column that will provide franchise attorneys with practical advice about conducting arbitrations.
3-D Printing: Strategies to Anticipate the Next Disruptive Technology
One could be forgiven for believing that 3-D printing ' essentially the ability to design and "print" three-dimensional objects ' remains either in the scope of far-fetched science fiction, or out of reach for the masses on account of being hopelessly expensive and complicated. Both of those assumptions, however, are wrong.
Features
Franchised Employees Might Be Employees of Franchisor
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.
Features
Franchisee Bankruptcies and Receiverships: What You Don't Know Might Surprise You
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
IP News
Highlights of the latest intellectual property cases from around the country.
Features
The Role of Supplemental Examination
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
Cybersecurity Report Spotlights Risks to U.S. Business from China
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
Decisions of Interest
Several key rulings are discussedl
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
- 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 ›
- Marketing Analytics: More Is Not Always BestIn the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe HarborThe Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."Read More ›
