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August issue in PDF format
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Movers & Shakers
Who's doing what; who's going where.
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Inside the New GM Dealer Agreements
Automakers Chrysler and General Motors changed the history of dealer relations when they stepped through dozens of state laws and regulations and terminated thousands of long-standing dealers through the power of the Supremacy Clause of the U.S. Constitution and the U.S. Bankruptcy Code. Now that they have emerged from bankruptcy, history remains to be written on the intriguing issues of whether GM will be able to make its new, bold agreement, heavily weighted in GM's favor, stick in the face of state dealer laws.
GA Supreme Court Strikes Down In-term Non-competition Covenant
In a June 29, 2009 opinion relevant to all franchise businesses in Georgia, the Georgia Supreme Court held that a covenant in a franchise agreement prohibiting a franchisee from competing with the franchisor during the term of the agreement is judged under the same standards as a post-termination covenant not to compete, and is unenforceable under Georgia law unless it is reasonably limited in territory and in scope of restricted activities. By contrast, earlier in the year, the Georgia General Assembly passed a bill which, if enacted through passage of a proposed Georgia constitutional amendment in 2010, would make it easier to enforce a restrictive covenant in Georgia and would specifically permit enforcement of in-term restrictive covenants without limitations on scope of activity, duration, or territory.
Organizational Risk in an Economic Downturn
During turbulent economic times, organizations need to be especially vigilant to minimize potential risks that could ultimately affect the bottom line or shareholder ROI.
Shareholders to Gain Access to Company Proxy Statements for Director Nominations
On May 20, 2009, the SEC proposed amendments to the existing proxy rules that would, among other things, allow shareholders to nominate directors in a company's proxy materials. Chairman Mary Schapiro strongly encourages interested parties to participate in the Commission's comment process that will end on Aug. 17, 2009.
Movers & Shakers
Who's going where; who's doing what.
The Leasing Hotline
Recent rulings of interest to you and your practice.

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