Is Your Franchise Still Breaking the Gift Card Laws?
September 27, 2012
The potential ramifications of gift card laws are surprisingly extensive, from both a legal and practical perspective. For example, some federal record-keeping and anti-money-laundering requirements apply to the sale of all gift cards. There are also legal and practical concerns regarding what terms and conditions a franchisor should apply to its card.
Class Action Waivers in Employment-Related Arbitration Agreements
September 27, 2012
For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.
The Law Library
September 27, 2012
During the last 20 years, enormous changes have occurred in the information industry. This has affected not only libraries, including private law libraries, but also law librarians and IT staff.
Anonymous v. Fraudulent Internet Speech
September 27, 2012
Anonymous Internet speech, like traditional Internet speech, is protected. The anonymity and potentially unlimited mass audience of Internet speech, however, poses difficulties for the application of traditional doctrines governing speech. The balancing must take into account the possible value of widespread, instantaneous public information.
Coverage Disclaimer May Not Await Investigation of Other Defenses
September 27, 2012
In <i>George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA</i>, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.
Terrorism and the Pollution Exclusion
September 27, 2012
This article considers whether alleged personal injuries based on exposure to contaminants disbursed because of a terrorist attack are excluded from coverage by the pollution exclusion commonly found in most insurance policies.
