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Court Watch
Court Dismisses Franchise Act Claims
Businesses alleging their status as franchisees are often quick to assume the applicability of protective franchise acts and rely upon them as leverage against the alleged franchisor. In those instances where the alleged franchisee operates in multiple territories, there may be a significant number of franchise acts claimed to apply. The first thing experienced franchisor litigation counsel will do once a dispute arises is determine whether there are grounds to challenge the initial applicability of those franchise acts. The recent decision in Rogovsky Enterprises, Inc. v. MasterBrand Cabinets, Inc., No. 3:15-cv-00022, 2015 WL 7721223 (S.D. Ind. Nov. 30, 2015), demonstrates that if the alleged franchisor can successfully challenge that the necessary elements of a franchise exist under one state's statute, that likely spells the end for some or all of the alleged franchisee's other franchise act claims as well.
In this case, MasterBrand Cabinets, Inc. (MasterBrand) moved to dismiss the complaint of Rogovsky Enterprises, Inc. (Rogovsky). MasterBrand is an Indiana manufacturer of cabinets. Rogovsky is a franchisor of kitchen and bath design/home remodeling franchises known as Kitchen & Home Interiors (KHI). MasterBrand and Rogovsky entered into an exclusive distribution agreement in December 2011 (the Agreement), which granted KHI franchisees the right to sell MasterBrand cabinets, under a term of seven years.
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.