From the IFA's Legal Symposium
July 02, 2013
In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations. These twin developments have been, for the most part, highly positive for the franchising industry. However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD.
What's New In the Law
July 02, 2013
Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases
Joinder Issues in BitTorrent Copyright Litigation
July 02, 2013
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic filmmakers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol.Typically, the copyright holders allege that users illegally downloaded, reproduced and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.
<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>
July 02, 2013
In <i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>, the Federal Circuit held that the functional claim language of "spaced relationship" was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be.
Interoperability Exemptions Under The DMCA
July 02, 2013
The DMCA prohibits the circumvention of digital rights management technologies and other similar content access or copy restrictions on copyrighted works. As such, it has long been understood that the circumvention of computer programs to enable interoperability of non-approved software applications ' a practice commonly referred to as "jailbreaking" ' was forbidden under the DMCA.
Taming the Beast
July 02, 2013
Corporate law departments acknowledge the need to manage and control the unabated and explosive growth of digital information, yet understand that the traditional approach will not work. Compounding the problem are regulatory and privacy issues.
Facing Multilingual Litigation in e-Commerce
July 02, 2013
International borders are no longer a barrier in e-commerce business. Enterprises often have multinational corporate parents, subsidiaries, suppliers and customers. Even smaller companies can develop e-commerce websites and reach out to prospects in all corners of the world.
News Briefs
July 02, 2013
Delaware Affirms Franchisors Are Not Franchisees' Employers <br>CA Moves One Step Closer To Confidentiality for Negotiated Contract Terms<br>New Hampshire Passes Changes to Vehicle Dealership Laws<br>Exam for CA Board Certified Franchise and Distribution Law Specialist Set for Oct. 22<br>Dearborn, MI, McDonald's Drops Halal Chicken After Settling Lawsuit
