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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?

Features

e-Mail Signature Ruled Valid To Enforce Settlement Image

e-Mail Signature Ruled Valid To Enforce Settlement

Joel Stashenko

Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled.

Features

Financing Pre-Owned IT Hardware Image

Financing Pre-Owned IT Hardware

Stacie LeGrow & Raymond W. Dusch

The robust trade of pre-owned computer, networking, telecommunications and other IT hardware on the secondary market is a reality.

Features

Intercreditor Agreements Image

Intercreditor Agreements

Brad Nielsen & Sean Gillen

Intercreditor agreements are becoming more common in commercial finance transactions, even in the middle- and small-ticket arenas. However, attorneys can protect their clients' interests without derailing a transaction.

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Upcoming Event

ALM Staff & Law Journal Newsletters

TexasBarCLE 23rd Annual Entertainment Law Institute

Features

Marketplace Fairness Act May Help Clear Muddy Tax Waters Image

Marketplace Fairness Act May Help Clear Muddy Tax Waters

Wayne Berkowitz

With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.

Features

How Royalties Are Determined for New Material Written for Public Domain Music Compositions Image

How Royalties Are Determined for New Material Written for Public Domain Music Compositions

Jeff Brabec & Todd Brabec

Not as much public domain material is recorded in comparison with original material, but if such a song becomes a hit or is on a successful album, the public performance royalties can be substantial provided the writer/arranger (who is many times the recording artist or record producer) holds the copyright in his or her version and registered it with the performance right society (PRO) with which the writer is affiliated.

Features

Willfulness and Liability, Separate But Equal? Image

Willfulness and Liability, Separate But Equal?

Angie M. Hankins & Vivian Luo

This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.

Features

The Evolution of e-Discovery Image

The Evolution of e-Discovery

Bowe Kurowski

e-Discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.

Features

Marketplace Fairness Act May Help Clear Muddy Tax Waters Image

Marketplace Fairness Act May Help Clear Muddy Tax Waters

Wayne K. Berkowitz

With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.

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