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Features
The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
Features
Regulatory and business pressures have upped the ante for data management, and information governance (IG) has emerged as the new buzzword for meeting and beating these stakes. IG is a new way of looking at information management that combines the best of what's come before with new perspectives and approaches to keeping information secure, accessible and available.
Features
Lawyers may be tempted to gloss over yet another article about litigation holds and data preservation because they believe they already have the basics down. But the "basics" are a moving target and several developments from the past year merit reconsideration of company hold processes in 2015.
Features
The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
Features
Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.
Features
Many attorneys run into issues related to the improper management of trust accounts, and some firms don't have the appropriate safeguards and checks in place to help prevent issues. Implementing proper controls can help reduce the risk of trust accounting improprieties and errors.
Features
The Court of Appeals for the Federal Circuit, in a case of first impression, ruled that when the patent at issue is a standard essential patent (SEP) and its owner is subject to an obligation to license that patent on reasonable and non-discriminatory (RAND) terms, the jury instructions must discuss the specific obligations of that patentee and not RAND commitments in general.
Features
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Consequently, pharmaceutical manufacturers sponsor Internet links to promote direct-to-consumer (DTC) advertising via the Internet, with sales sites one click away.
Features
If your business is like many retail-driven franchises, you have unwanted inventory hogging valuable storage space and putting a drag on your bottom line. The good news is, there is a way to turn that outdated stock into a hefty asset. One that doesn't involve profit-devouring discounts or liquidation hassles. It's called product philanthropy. And for franchises that hold C Corporation status, it's one of the best kept secrets of the IRS tax code.
Features
The U.S. Supreme Court on Dec. 8 scratched the surface of the looming battle over state taxation of Internet retailers and seemed troubled by what it saw.