Features
The Treasury Department's Guidelines on Executive Pay
The guidelines were designed to strike a balance between the financial industry's need to attract top talent to lead in the current economic climate and the public's interest in requiring transparency and accountability. They require not only disclosure of, but an explanation and justification of the policy supporting certain compensation decisions. Here's how they work.
Features
What's in a Domain Name? The Changing Internet
Generic, top-level domain names (gTLDs), such as .com or .net, are the sorters of the Internet. They serve the single purpose of identifying the database in which a domain name is registered. Last June, ICANN reversed its long-held position and announced that it would allow an unlimited number of generic top-level domains.
Features
Auto Dealer Can Bring 'Bad Faith'
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."
Features
New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions
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.
Features
Index
Everything contained in this issue, in an easy-to-read format.
Features
New FMLA Regulations: What Every Employer Should Know
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.
Features
Appellate Court Says Waiver Enforceable, Notwithstanding Statute
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.
Features
Franchisors Must Prepare for Pending Introduction of New Top-Level Domains
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.
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
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
- Ticket Refund Suits Against StubHub to Get MDL TreatmentOnline ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.Read More ›
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›