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Appellate Court Says Waiver Enforceable, Notwithstanding Statute Image

Appellate Court Says Waiver Enforceable, Notwithstanding Statute

Douglas M. Mansfield & J. Todd Kennard

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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Franchisors Must Prepare for Pending Introduction of New Top-Level Domains Image

Franchisors Must Prepare for Pending Introduction of New Top-Level Domains

Ryan Kaatz & Brian Schnell

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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Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's moving where.

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Discovery Requests for Electronic Documents Image

Discovery Requests for Electronic Documents

Stacy Edelstein Hyken

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.

Features

The Revised Americans with Disabilities Act Image

The Revised Americans with Disabilities Act

Beverly W. Garofalo & Sally D. Welch

The ADAAA, which takes effect in January 2009, took aim at two United States Supreme Court decisions rendered during the last decade that were viewed as substantially limiting the scope of covered disabilities under the ADA. This article discusses what it means to you.

Features

McNulty Revisited Image

McNulty Revisited

Peter B. Ladig & Stephen B. Brauerman

This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.

Features

Federal Detainees and the Constitutional Perils for Medical Care Providers Image

Federal Detainees and the Constitutional Perils for Medical Care Providers

Janice G. Inman

Lately, it is becoming increasingly clear that prisoners in our criminal justice systems are not the only ones at risk for receiving substandard medical care; similar problems are occurring in immigrant detention facilities. A look at two cases.

Features

Franchises Face Economic Turmoil Image

Franchises Face Economic Turmoil

By Kevin Adler

Although the fallout from the financial crisis is yet to be complete, the franchise industry seems to be weathering the storm fairly well to date. However, franchise attorneys say that caution is the order of the day and that an extended economic downturn could raise tensions between franchisors and franchisees.

Features

Ethical Issues of the 21st Century Image

Ethical Issues of the 21st Century

Frederick L. Whitmer & Benjamin D. Goldberg

In Part One of this article, the authors covered ethical issues relating to e-mail. In Part Two below, they discuss ethical issues related to e-discovery and social networking and blogs.

Features

U.S. Financial Bailout Brings New Amendment To Section 181 for the Deduction of Film Costs Image

U.S. Financial Bailout Brings New Amendment To Section 181 for the Deduction of Film Costs

Schuyler M. Moore

The new $700 billion U.S. financial bailout bill included some tax zingers to buy off House of Representative votes. One such zinger was an extension and amendment to Internal Revenue Code Sec. 181, which now provides a deduction for the first $15 million of the cost of certain films produced in the U.S. This article summarizes Sec. 181, including the impact of the Amendment and the IRS Temporary Regulations issued last year.

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