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Court Watch
The Instrumentality Test For Determining Franchisor Vicarious Liability
Franchisor vicarious liability for alleged franchisee wrongdoing has been widely litigated for many years. However, two recent cases provide a fresh look at this issue and help to clarify the rationale and application of the “instrumentality test” commonly used to determine franchisor vicarious liability.
In Depianti v. Jan-Pro Franchising, Intl, Inc., Bus. Franchise Guide (CCH) ' 15,069 (Mass. Sup. Jud. Ct. June 17, 2013), the Massachusetts Supreme Judicial Court held that a franchisor may be vicariously liable for the conduct of a franchisee only when the franchisor controls or has the right to control the specific policy or practice which has caused the harm to the complaining plaintiff. More specifically, the court adopted the instrumentality test as the applicable standard to determine franchisor various liability in Massachusetts.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.