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Features

Lessors Beware Image

Lessors Beware

Barry A. Graynor

How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of <I>Textainer Equipment Management Limited v. The United States</I> and its implications..

Features

Transformative Use Musings Image

Transformative Use Musings

Stan Soocher

The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.

Features

High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device Image

High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device

Robert J. Bernstein & Robert W. Clarida

The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.

Features

Your Business: Someone Online Hates You Image

Your Business: Someone Online Hates You

Josh King

As word of mouth moves online, lawyers occupy the same place today that hotels were in a decade ago: just starting to face the prospect of widespread use of online user reviews, and concerned that such reviews will crater their businesses. The following 10 tips will put these concerns into context and explore which methods of responding to negative feedback are effective and ethical and which ones aren't.

Features

The Different Types of Arbitration Awards Image

The Different Types of Arbitration Awards

Charles F. Forer

This is the third in an ongoing series of articles that will provide franchise attorneys with practical advice about arbitration.

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Hotel Franchisor to Face Trial on Vicarious Liability Claims <br>Federal Court Rejects Franchisee's Unclean Hands Defense<br>Court Dismisses Licensee's Fraud in the Inducement Claim under Parol Evidence Rule

Features

Franchise Industry Sees Victory in Debit Card Fee Lawsuit Image

Franchise Industry Sees Victory in Debit Card Fee Lawsuit

Zoe Tillman & Kevin Adler

U.S. District Court Judge Richard Leon struck down Federal Reserve regulations on debit-card transaction fees on July 31, a victory for retailers that process high numbers of low-ticket transactions. Leon found that the Fed adopted rules that "inappropriately" inflated fees by billions of dollars.

Columns & Departments

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters &

Franchise Relationship Law Tabled in CA Assembly <br>New Franchise-Relationship Bill Proposed in PA

Features

Making Bitcoins Legit Image

Making Bitcoins Legit

Juan Forrer

It may be a while before Kathleen Moriarty lets clients pay her in bitcoin, but the Katten Muchin Rosenman partner is doing her part to help legitimize the digital currency derided as speculative and risky by some prominent economists.

Features

Franchise Compliance Image

Franchise Compliance

Evan Hackel, CFE

Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?

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