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Court Watch
Franchise Agreement Is Not a Personal Services Contract
As previously reported in this publication, a dispute arose between McDonald's and certain transferee franchisees over whether McDonald's promised to extend the franchise terms of some of the assigned restaurants as part of the transfer. Husain et al. v. McDonald's Corporation, et al., Bus. Fran. Guide (CCH) '14,530 (FBLA, March 2011). Ultimately, McDonald's refused to grant the desired extensions and maintained that the concerned franchise agreements had expired when their terms ended. The franchisees sought a preliminary injunction to keep the agreements in effect pending trial, and McDonald's sought a declaration that the agreements had ended. The California Superior Court granted the franchisees' motion for a preliminary injunction and denied McDonald's request. The matter proceeded to appeal.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.