Business Organization, Business Torts, Franchise Law

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

by Osler, Hoskin & Harcourt LLP on 4/11/2013

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Best Practices in Drafting Corporate Shareholder Agreements

by Peter Bauman - Senior Associate at Tharpe &... on 1/10/2013

Corporate shareholder agreements are vital for many companies with more than one shareholder, especially non-public companies with a limited number of persons owning shares. The shareholder agreement typically details the...more

Trademark Essentials

by Matthew Blair on 1/1/2013

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

Use Your Phone To Pay For Products And Services

by Robert Freedman - Partner at Tharpe & Howell,... on 11/29/2012

Businesses trying to stay ahead of the curve, and jumping on any possible competitive advantage, may now be looking towards the revolution in the payment process. Cash was once (maybe still is) king. Barter has been around...more

Employer Access To Employee Social Media Limited In Proposed California Law

by Robert Freedman - Partner at Tharpe & Howell,... on 11/15/2012

A bill currently winding its way through the California Legislature would limit the ability of an employer to request that an employee provide access to the employee’s personal social media accounts. AB 1844 “would...more

Responding To A Corporate Crisis

by Robert Freedman - Partner at Tharpe & Howell,... on 11/12/2012

A corporate crisis can arise without warning and from many causes. A journalist writes a story about exploited workers at a foreign factory where the company manufactures product. The CEO is charged with sexual...more

California Employment Bill Recap

by Peter Bauman - Senior Associate at Tharpe &... on 11/7/2012

California legislators have been active passing several employment law bills that impact local businesses in recent months. Here’s a recap of some with brief summaries. Legal counsel should be sought for a complete...more

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 11/6/2012

Not every noncompete agreement is enforceable.California, for one, has a public policy against noncompete agreements, except in limited circumstances, such as the owner of a business agreeing to a noncompete as part of...more

Price Fixing Case on Swipe Fees Settled By Visa and Mastercard

by Robert Freedman - Partner at Tharpe & Howell,... on 9/12/2012

VISA and Mastercard have agreed to a $7.2 billion settlement in a class action lawsuit brought by merchants over credit card swipe fees. Swipe fees are the fees that VISA and Mastercard charge merchants each time a customer...more

Successful “Firing” Depends on Successful Hiring

by Peter Bauman - Senior Associate at Tharpe &... on 9/2/2012

The best defense against a wrongful termination claim is good cause. And a California employer would have difficulty quantifying good cause if performance expectations and measurements are not established in advance, ideally...more

California Proposes New Law To Deal With Underground Economy

by Peter Bauman - Senior Associate at Tharpe &... on 8/31/2012

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

Baker & McKenzie: Bell Appeal Judgment Delivered

by Baker & McKenzie Australia on 8/30/2012

The Western Australian Court of Appeal has today delivered its judgment in the appeal of Westpac Banking Corporation v The Bell Group Ltd (in Liq) [2012] WASCA 157 ( The Bell Appeal ). The Court substantially rejected the...more