Technological developments such as videoconferencing, the Internet, store-and-forward imaging, streaming media and terrestrial and wireless communications have caused rapid changes in how electronic transmission of patient information ' i.e., telemedicine ' is conducted. So, too, have legal developments in America and Europe.
Given the allure of robust remedies in federal court, companies routinely plead CFAA unauthorized access claims ' in addition to state law causes of action for misappropriation and breach of contract ' against former employees who seek a competitive edge through the use of information misappropriated from their former employer's computer network.
Highlights of the latest franchising news from around the country.
The California Supreme Court ruled 4-3 on Feb. 4 that the Legislature never intended to apply the Song-Beverly Credit Card Act of 1971 to e-commerce, meaning that retailers can take addresses and telephone numbers when conducting remote credit card transactions.
Highlights of the latest franchising cases from around the country.
This article marks the debut of an occasional column that will provide franchise attorneys with practical advice about conducting arbitrations.
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.
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 White v. 14051 Manchester, Inc. 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.
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
Highlights of the latest intellectual property cases from around the country.
