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Vicarious Liability
January 30, 2013
It is essential that franchisors know, or at least can predict to some extent, in what circumstances they may be held vicariously liable for the acts of their franchisees and their franchisees' employees. This article explains why and how.
Unequal Severance Benefits
January 30, 2013
In an interesting published decision, the Fourth Circuit has held that an offer of less favorable severance benefits to a female may constitute sex discrimination in violation of Title VII.
Reassignment to a Vacant Position Under the ADA
January 30, 2013
In a recent decision, the Seventh Circuit held that the ADA obligates employers to reassign employees with disabilities to vacant positions for which they are qualified, provided that such accommodation is reasonable on its face and would not present an undue hardship to the employer.
Open-Source Risk Management Tools
January 30, 2013
This article discusses various risk management tools that in-house counsel can rely on to perform effective open-source due diligence in software acquisitions.
The Murky World of Online Privacy
January 30, 2013
This article examines the compliance issues raised by California's Online Privacy Protection Act, and the FTC's recent changes to the federal Children's Online Privacy Protection Act, and what companies must do to ensure they are not in violation.
Dispelling 10 Myths About Bankruptcy
January 30, 2013
Corporate bankruptcy is an area that is often feared and misunderstood by those who believe that bankruptcy will be the end of their business. In reality, most businesses operate with limited difficulty in Chapter 11.
Managing an Enterprise Mobile Device Program
January 30, 2013
Risk management and other considerations when setting up a "bring your own device" (BYOD) program in your company.
DE Court Refuses to Enjoin Stockholder Vote for Alleged Disclosure Violations
January 30, 2013
M&A practitioners frequently face the vexing issue of whether to include target company financial projections in stockholder solicitation materials. A look at a recent ruling.
Is a 'Lease' a Lease, or Something Else?
January 30, 2013
As a New York appellate court recently instructed in <i>Women's Interart Center v. New York City Economic Development Corp.</i>, a "lease" may or may not be a lease, depending on the agreement's terms.
Forum Selection Clause an Important Provision in Franchise Agreements
January 30, 2013
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause.

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