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Court Watch
While the existence of a “community of interest” is well-established as a fundamental definitional criteria of a franchise or dealership relationship, two recent cases illustrate that the resolution of the threshold issue of whether a sufficient “community of interest” exists in a given context remains somewhat unpredictable. Indeed, these cases reiterate the lack of a uniform test or set of factors universally applied by the courts in addressing this issue. On the contrary, these two cases show that even when courts purport to apply the law of the same state, they often apply divergent interpretations that lead to contrary results.
Missouri Beverage Co., Inc. v. Shelton Brothers, Inc.
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.