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Is This a Franchise, or Not?
One of the challenges commonly facing franchise lawyers is that there are several definitions of the term “franchise.” Regardless of whether the parties intend to establish a franchise relationship, if the relationship legally is deemed a “franchise,” certain federal and state laws may apply. However, the definition of “franchise” often varies from statute to statute, and it may be difficult to determine whether a particular statute applies.
For example, one of the typical definitional elements of a franchise for purposes of franchise registration law is that the franchisor must prescribe or suggest a marketing plan to the franchisee. On the other hand, under many of the franchise relationship laws, which govern franchisor's obligations upon termination of franchisee rights under the franchise relationship (among other issues), a critical definitional element of the term “franchise” often is that there must be a “community of interest” between the franchisor and franchisee. This is true under many of the general franchise relationship laws, and is also an element of a franchise under relationship laws governing specific industries.
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.