RECENT POSTS
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,
Franchise 101: No Need for Good Cause; and Injunction A-Berted
January 2019 Franchisor 101: No Need for Good Cause A Wisconsin federal judge granted summary judgment in favor of a food service and cleaning equipment maker (“Stoelting”), ruling that minimum purchase requirements under two dealer agreements were not a
Franchise 101: Your Neighborhood Debtor; and Rules of the Road
December 2018 Franchisor 101: Your Neighborhood Debtor A bankruptcy court has found that Applebee’s failed to properly terminate its franchise agreements prior to the franchisee petitioning for bankruptcy. Therefore, the franchise agreements remained in effect and were
Prop 65: California May Change Up Chain of Commerce Responsibility
Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted. Intended to protect Californians from cancer-causing or birth defect-inducing substances, the law
Franchise 101: New Revenue Recognition Rule; and Lifeline Franchise?
November 2018 Franchisor 101: New Revenue Recognition Rule for Initial Franchise Fees Most franchisors’ annual franchise registration renewal deadlines are a few months away. Nevertheless, franchisors should contact their accountants now regarding a new revenue
Franchise 101: State’s Changed Tax Interpretation; and Gratuitous Promises
October 2018 Franchisor 101: Franchisor Fails to Escape State’s Changed Tax Interpretation A state appellate court (“Court”) in New Mexico upheld a decision by the state’s Taxation and Revenue Department (“Department”) that royalties paid to
California Ballot Guide 2018: Propositions 8-12
We continue with Part Three in our series on California’s ballot propositions for 2018, providing a glimpse of the pros and cons of each measure. For those readers who want more than a glimpse, please
California Family Law: Should You File for Legal Separation?
What’s the difference between a general date of separation and a date of legal separation? A big misconception is that filing for legal separation establishes a date of separation. The date of separation and a