"Damages" in an Injury Lawsuit: An Introduction for Lay People
Trial by Jury: Why It Matters in a Democratic Society
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
What should I do when I receive a letter from a prosecutor?
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal...more
In a unanimous decision, the Québec Court of Appeal has upheld the decision of the Superior Court which found that a franchisor must take reasonable measures to protect and enhance the value and reputation of its brand. Thus,...more
In July 2001, sisters Michele and Lorraine Reymond approached the defendant, franchisor Legacy Academy, Inc., about the purchase of a daycare franchise to be located in suburban Atlanta. The sisters testified that Legacy...more
This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more
All lawyers can benefit from having a toolbox of general legal knowledge with which to frame a case to their client's advantage.
For business attorneys the economic loss rule is a particularly useful tool. At its...more
Restaurants Exploited Class of Hispanic Cooks by Failing to Pay Overtime, Federal Agency Charged -
OKLAHOMA CITY, Okla. - NSC Chicken, LP, dba Chicken Express, will pay $15,000 and furnish other relief to settle a...more
Just as summer is coming to a close, the battle between Mister Softee and Master Softee appears to be heating up. Mister Softee is a family-owned business that has been in operation since 1956. It is the franchisor for the...more
Virginia’s public policy in favor of freedom of contract is well established. It may be most conspicuously evidenced by the Supreme Court of Virginia’s increasingly narrow construction of post-contract employment restrictions...more
Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and...more
I recently wrote about Judge Rakoff’s refusal to enter the SEC’s proposed consent decree in SEC v. Citigroup Global Markets, Inc., 827 F. Supp. 2d 328 (SDNY 2011) – and the shift in SEC enforcement policy that it prompted. ...more
This is an update of an article I first presented with David Sterns in 2011 at the Canadian Institute 12th Annual National Forum on Class Actions Litigation in Toronto, Canada. The other co-authors are Geoff Grove of Osler,...more
Earlier this month, the California Court of Appeal found a franchisor liable for the sexual harassment by the employee of a franchisee. In Patterson v. Domino’s Pizza, LLC, the Court of Appeal held Domino’s Pizza liable for...more
California is the birthplace of the franchise business model. Today, there are approximately 62,000 independent franchisees operating in California, employing more than 1.1 million state residents.
With less colorful language than its last arbitration opinion, the First Circuit sided with the Second and Third fireworks Circuits in limiting the application of the 2010 Stolt-Nielsen decision on the availability of class...more
The broadly written scope of the covenant not to compete before the Business Court in Outdoor Lighting Perspectives Franchising, Inc. v. Harders led to the denial of Plaintiff's Motion for a Preliminary Injunction this...more
*Important Note: FMC (Mr. Stéphane Teasdale and Ms. Mélanie Jacques) represented Distribution Stereo Plus Inc. in this case.
On January 13th, in the case of Distribution Stereo Plus Inc. c. 140 Greber...more
Osler Update by Larry Lowenstein and Adam Hirsh of Osler, Hoskin & Harcourt LLP. Summary of recent Ontario Court of Appeal decision affirming summary judgment dismissing plaintiff's action and thereby ending class action. ...more
This paper was presented at the Canadian Institute's 12th Annual National Forum on Class Actions Litigation held in Toronto on September 21-22, 2011 and was written with David Sterns and Stuart Freen of Sotos LLP and Geoff...more
This paper written by Jennifer Dolman of Osler Hoskin & Harcourt LLP was presented at the Canadian Franchise Association National Convention on April 5, 2011. It summarizes recent trends in franchise injunctions in Ontario...more
This Osler Update is a summary of the much anticipated Supreme Court of Canada decision in Seidel v. Telus Communications Inc. (Telus)which was released on March 18, 2011. At issue was whether a mandatory arbitration clause...more
This article summarizes trends in franchise injunctions based on a review of recent Ontario cases. Article focuses on how standard three-part test for injunction is applied to injunctions brought by franchisors and...more
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