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An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
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The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
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Everything contained in this issue, in an easy-to-read format.
Features
In November 2008, the U.S. Department of Labor published revised regulations to the Family and Medical Leave Act (FMLA or the Act) for the first time in the Act's 15-year history. The much anticipated regulations are over 750 pages long and take effect on Jan. 16, leaving scant time for employers to implement new procedures to comply with the law. The most significant of these changes are addressed herein.
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Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.
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In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.
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In recent years, the rise in the use of electronic documents, especially e-mail, has unquestionably changed the face of discovery in all types of types of litigation. As a result, the obligations counsel has in responding to discovery requests for electronic documents have been rapidly evolving. This article discusses what you need to know.