Is Europe Ready for Class Actions?
Several recent developments suggest that the European Union (EU) and some of its individual Member States are preparing to embrace the idea of collective redress mechanisms for consumer claims. Although an effective European collective redress mechanism has yet to materialize, the process toward crafting one is certainly underway.
Where's the Door?
Part One of this article described the types of operating covenants. The conclusion herein explains the remedies for violating these covenants.
In the Spotlight: Enforcing the Green Lease
As the green lease is first and foremost a business relationship concerning occupancy of real estate, the remedies for enforcement of the "green provisions" should strike an acceptable balance within that relationship.
Text Messaging
In recent years, consumers, cellular telephone providers, and state attorneys general have sued companies and their marketing firms under the Telephone Consumer Protection Act ("TCPA") and state consumer protection laws to curb "text spamming." These suits can result in substantial settlements of millions of dollars relating to a single promotional campaign.
Lawyers, Technology and Money
The authors says, "Many lawyers do not like the title of my latest book, 'The End of Lawyers?' And yet I am at pains to point out that my message is a mixed and not a negative one.
General Growth Properties
To the surprise of many, when General Growth Properties Inc. ("GGP") commenced a Chapter 11 proceeding in April 2009, it caused 166 solvent bankruptcy remote entities that were current on all their indebtedness (the "General Growth SPEs") that each owned a single mall property to also file Chapter 11 petitions.
Responding to Client Calls for Value
Over the past year, market dynamics have aligned, creating an opportunity to transform services provided by law firms in order to better meet or exceed client demands.
What's Your Practice Worth?
Law firms, because of caseload analysis and the project-oriented nature of their work, are notoriously hard to value, even more so than accounting firms and other professional service industries where there is an established schedule of work for at least a 12-month period.
New 'Dualing' Amendments to Dealer-Protection Laws Pass Legislatures
Many auto dealer contracts prohibit "dualing," that is, operating competing linemakes out of the same facility. Under new legislation passed in some states, automobile manufacturers could be forced to allow dualing, notwithstanding any terms to the contrary in written agreements and trademark laws.
Employee Free Choice Act Slowed, But Not Dead
Although passage of the federal Employee Free Choice Act ("EFCA") has taken a distant back seat to health care reform, the proposed changes to workplace unionization and collective bargaining rules have significant potential impacts for business owners.
