Wage and Hour Red Flags
November 30, 2015
In today's litigious environment, many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. This article discusses some of the more common mistakes occurring in this minefield, and strategies to consider when such claims are filed.
Drafting a DST Master Lease
November 30, 2015
In a follow-up to their article published in the May Issue, the authors discuss some considerations for drafting master leases for DSTs utilized in like-kind exchanges.
Development
November 30, 2015
Discussion of three major rulings.
IP News
November 30, 2015
Federal Circuit Affirms Anticipation of Claims <br>Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled<br>In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness
The Uniform Premarital and Marital Agreements Act
November 30, 2015
Part One of this article described the genesis of the uniform acts ' UPMAA and UPAA ' and compared New York law with the Acts. Part Two reviewed other differences between New York law and the UPMAA and UPAA. The third and final part herein discusses variations in the acts.
Court Watch
November 30, 2015
Unauthorized Use of Registered Mark <br>Claims in Curves Franchisee Dispute
Lessons from the $148M Fraud by Dole's GC and CEO
November 30, 2015
Last month, we discussed the fact that the Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit. We conclude this discussion herein.
'Ambiguous' Franchise Agreement Sinks Franchisor
November 30, 2015
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.
To Compress or Not to Compress
November 30, 2015
Prolific document generation is often the mark of a successful law firm. However, as a result, the volume of the firm's electronic storage dramatically increases every year. Proper recordkeeping is critical to support clients and compliance regulations, but the document store can become unwieldy and very expensive for a firm to maintain.