NJ & CT News
August 02, 2014
A look at what's happening in neighboring states.
Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses
August 02, 2014
Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.
Planning a Merger?
August 02, 2014
A successful merger should improve the firm's competitive position and add value for your clients ' due diligence is key to that success.
Collecting Social Security Numbers
August 02, 2014
The mere collection of SSNs may put businesses in violation of state laws, in addition to the liability they may face for failing to protect the SSN information.
Establishing A Web Presence After A Merger
August 02, 2014
Merger activities typically disrupt "business as usual" and result in more questions than answers. This was particularly true when the law firms of Edwards Angell Palmer & Dodge LLP and Wildman Harrold Allen & Dixon LLP merged in 2011. Edwards Wildman's marketing efforts, specifically our online and digital Web presence, were quickly devoted to achieving a cohesive "one voice, one brand, one solution" approach, as we set out to redesign our website and digital persona.
The Enforceability of Make-Whole Premiums in Bankruptcy
August 02, 2014
The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.
<i>Aereo</i>: The Uncertain Limits of What the Supreme Court Decided
August 02, 2014
On June 25, 2014, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.
How a Lessor of Cows Can Ensure a 'True Lease'
August 02, 2014
Most lawyers in the equipment financing business in urban areas have never handled a deal involving animals, such as livestock. So this article is dedicated to those equipment leasing specialists ' and their attorneys ' who represent dairy producers, ranchers, or those who plan to retire to a farm or dude ranch.
Peer-to-Peer Networks
August 02, 2014
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel.