Regulation

The character of a franchise prospect seems relevant. Franchisors want trustworthy participants in the franchise system. A credit report and a criminal history search seem reasonable to screen out undesirables. Roughly one in four adults has some criminal history that would show up on a search, and some of these crimes have since been decriminalized. Using searches of criminal histories and credit reports can also be racially discriminatory.

For the second time in three years, the U.S. Supreme Court is poised to consider important questions under the Copyright Act at the behest of Supap Kirtsaeng, a tenacious Thai math professor. In 2013, the Supreme Court handed Kirtsaeng an important victory in a litigation brought against him by a major publisher, holding that a copyrighted work published and purchased abroad may be resold in the United States without the permission of the copyright holder.

Ordinarily, a defendant who wishes to assert the defense of advice of counsel must unlock the door that shields his privileged communications with counsel and divulge those communications to his adversary. But when the defendant is a corporate employee who claims to have relied on advice from the corporation's attorney, the employee may not be able to unlock that door.

The New Jersey Franchise Practices Act is a powerful tool for those businesses that qualify for its protections. Under the NJFPA, a franchisor cannot terminate a franchisee without good cause, even where doing so would be perfectly acceptable under the parties' contract. The NJFPA also prohibits a franchisor from imposing "unreasonable standards of performance" on a franchisee.

Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions.

The Federal Deposit Insurance Corporation is the latest entity to release a framework for cybersecurity.

An application brought by the UK's Serious Fraud Office (SFO) for a so-called Deferred Prosecution Agreement (DPA) was approved in court in London on Nov. 30, 2015, marking a historic milestone for UK bribery and corruption enforcement as this was the first time that a DPA has been adopted.

2015 was an eventful year for tax legislation for law firms, their clients and their employees. In addition to the extenders package, that has become an annual tradition in Congress, there were some other significant tax bills that passed over the summer.