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Social Networking and Litigation
December 29, 2008
This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.
Losing My e-Mail
December 29, 2008
In today's BlackBerry-driven, online business world, losing one's e-mail ' and access to other online forms of communication ' has to be worse than REM's fear of losing one's religion. Yet that is just the fate that may await our next President, who has already publicly confessed (on national television, no less, though you can certainly find the story on the Internet) his steadfast inability to shake his smoking addiction under the stress of a Presidential campaign.
Movers & Shakers
December 29, 2008
Who's doing what; who's moving where.
News Briefs
December 29, 2008
The latest news from the franchising world.
Court Watch
December 29, 2008
Forum-Selection Clauses Enforced
Auto Dealer Can Bring 'Bad Faith'
December 29, 2008
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."
Attorneys' Fees Awards: No License to Pickpocket
December 29, 2008
It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.
New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions
December 29, 2008
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.
Real Property Law
December 24, 2008
Analysis of recent rulings.
Landlord & Tenant
December 24, 2008
Commentary on the latest cases.

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