Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Vicarious Liability
At the recently held annual program of the American Bar Association's Forum on Franchising, there was an interesting program addressing the subject of vicarious liability. The primary issue discussed was when is a franchisor's control over a franchisee ' required to protect the franchisor's trademark rights and to create a viable franchise system with the desired level of uniformity or minimum standards ' so great that the franchisor risks being held vicariously liable for the actions of its franchisees? Cohen, Meretta and Wall, When Is Control by Franchisors Out of Control?, 2011 ABA 34th Annual Forum on Franchising (2011).
It is an interesting question, for the franchisor-oriented lawyer constantly finds himself (or herself) in a dilemma. Much like a poker player, to succeed in determining how much control to grant his client within the franchise agreement, the lawyer is essentially drawing to an inside straight. If either the lawyer's franchise agreement or the client's conduct demonstrates excessive control, the client may find itself vicariously liable for the acts of its franchisees. But if the franchisor does not exert enough control, it risks losing its trademark rights.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.