RECENT POSTS
SCOTUS Invalidates Scandalous Restrictions on Trademarks
In a long-awaited decision, the U.S. Supreme Court invalidated a restriction on registering trademarks deemed “scandalous” or “immoral”. In the Brunetti case, the U.S. Supreme Court was asked whether the provision of the Trademark Act
Employment Defense: Closing the Pay Gap One Government Regulation at a Time
June 7, 2019 by the Employment Practice Group The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in
Employment Defense: Workforce Classification
June 5, 2019 by the Employment Practice Group The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme
Franchise 101: Franchisor Can Be “Employer” and Surviving Rejection
May 2019 Franchisor 101: Franchisor Can Be “Employer” The Ninth Circuit sent shockwaves through the franchise industry in ruling that last year’s California Supreme Court decision broadening who may bring wage misclassification claims (Dynamex v.
Franchise 101: Lessons in License Agreements; and Operation Philadelphia
April 2019 Franchisor 101: Lesson in License Agreements The U.S. Sixth Circuit Court of Appeals upheld summary judgment for franchisor Buffalo Wild Wings (“BWW”) rejecting a restaurant operator’s counterclaims for wrongful termination, malicious prosecution, and
Franchise 101: Termination Is Not Enforcement; and Precluding Competition
March 2019 Franchisor 101: Termination Is Not Enforcement A federal district court upheld an arbitration panel’s decision to deny attorneys’ fees to Benihana, even though Benihana won a dispute with its licensee. The licensee started
Full Disclosure: Periodic Review of FTC Franchise Rule
The Federal Trade Commission (FTC) seeks public comment regarding its Trade Regulation Rule entitled, “Disclosure Requirements and Prohibitions Concerning Franchising” (the “Rule”). The Rule has been in effect since 1979, and was last amended in
SCOTUS: No Copyright Registration, No Infringement Lawsuit
The wheels of government turn slowly to the detriment of copyright owners, according to a unanimous opinion delivered by U.S. Supreme Court Justice Ruth Bader Ginsberg, in Fourth Estate Public Benefit Corporation v. Wall-Street.com. Petitioner
Franchise 101: Hot Doggin’ Franchisee Sales Pitches; and Un-Merry Maids
February 2019 Franchisor 101: Hot Doggin’ Franchisee Sales Pitches Hot dog franchisor, Charlie Graingers, was unable to obtain dismissal of a federal lawsuit brought by franchisees alleging fraud, misrepresentation and breach of fiduciary duty. The
Wage Orders a Real “Tilly” for Employers
February 11, 2019 Last week a California Court of Appeal’s decision concerning the “reporting time pay” wage order rule joined a growing line of other wage order litigation – such as those complaints regarding suitable seating,