Injunctions in the Franchising Context: Comparing the Canadian and American Systems
September 27, 2007
Franchisors often seek injunctions to enforce non-competition and other covenants contained in their franchise agreements, sometimes during but most often after the end of the franchise relationship. A common example is an injunction to enforce a covenant in which the franchisee contracts to not compete in a similar business for a specified period of time and within a specified geographic area. If successful, the moving party-franchisor is granted an injunction forcing the former franchisee to abide by its contractual obligations for the specified time period. Given the time it generally takes to reach trial, the non-competition clause often will expire before the trial occurs. As such, a successful interlocutory injunction motion often will finally decide the issues for the franchisor, rendering the trial moot. Given this reality, parties frequently settle after a successful interlocutory injunction, or the case may be abandoned after an unsuccessful one.
Case Briefs
September 27, 2007
Highlights of the latest insurance cases from around the country.
Insuring Against Disaster: Coverage for Product Recalls
September 27, 2007
In recent months, it has seemed that barely a week has gone by without the announcement of a major product recall, whether it be of pet food (tainted with a wheat gluten additive), toothpaste (containing poisonous diethylene glycol, a solvent used in antifreeze that imparts a sweet taste), millions of children's toys (the subject of four major recalls, several of which involved lead paint), almost half a million light truck tires (lacking a safety feature that guards against tread separation), or 3.6 million Ford cars, trucks, and SUVs (containing a cruise control switch linked to vehicle fires). Recalls have become so common of late that satirical magazine <i>The Onion</i> 'reported' in late July that shares of Constitution Solutions, LLC ('COSO') 'fell sharply Tuesday after several Eastern bloc constitutions written by COSO were recalled due to loopholes that allowed Vladimir Putin to re-form the Soviet Union.' Stockwatch, <i>The Onion,</i> July 26-Aug. 1, 2007, at 2.
How to Improve an Internet Search Result by Adding a Little Precision
September 27, 2007
The Internet is a powerful tool for research, containing information about law, business, government, science, medicine and many other things. There is a Web site for just about anything anyone would want to know. Unfortunately, with the proliferation of Web sites today, any search may return hundreds of results, many of which are not relevant, and many of which are not reliable. This article will discuss some advanced search techniques in Google that can improve the relevance of search results. It will also examine ways to determine the reliability of a Web site.
Internet Not Always Interstate
September 27, 2007
It may be called the World Wide Web, but the government cannot automatically equate Internet use with movement of photos of child pornography across state lines, the Tenth U.S. Circuit Court of Appeals has held.
Internet Gambling Law Challenged
September 27, 2007
A federal law that targets online gambling by making it illegal to make or receive payoffs violates the First Amendment, a federal suit charges. A not-for-profit association of Internet gamers and gaming companies is asking a federal judge in Trenton, NJ to block enforcement of the Unlawful Internet Gambling Enforcement Act ('UIGEA') and to issue a temporary restraining order.
Google In-House Lawyers Find Unusual Perks, Groundbreaking Work
September 27, 2007
Judging by its unofficial jeans and t-shirt uniform, colorful logo and offices packed with games and pets, you could be fooled into thinking that the world's biggest Internet company still sees itself as an extension of a college common room. But under the seemingly casual exterior lies a very serious company indeed. And Google's legal team is no exception to the rule.
Webcaster Royalty Rates Rising
September 27, 2007
Licensing requirements and royalty rates for online uses of music are undergoing sweeping changes ' spurring litigation, appeals and even legislation in Congress. As a result, Webcasters are scrambling to re-evaluate and redirect their business models, as they may soon be forced to pay for huge increases in royalties to recording artists.
Bit Parts
September 27, 2007
Film-Script Submissions/Implied-in-Fact Contracts<br>Record-Label Trademarks/Laches<br>Uruguay Round Agreements Act/First Amendment
Counsel Concerns
September 27, 2007
The U.S. District Court for the Southern District of New York granted partial sanctions against plaintiffs' counsel in a copyright-infringement suit.
