Commercial Law & Contracts, Franchise Law, Business Torts

Enforcing Contractual Indemnity Litigation Against Chinese Companies

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

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

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

by Ali Law Practice LLC on 4/10/2013

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

California Bill Would Expand Liability For Securities Fraud, Impose New Fees, Expand Commissioner’s Powers

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/5/2013

In late February, Senator Jerry Hill introduced a bill, SB 538, to substantially amend the Franchise Investment Law. A few days later, the bill was read for the first time and set for hearing by the Senate Banking and...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

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

by Peter Bauman - Senior Associate at Tharpe &... on 12/31/2012

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Increase In Wage and Hour Lawsuits

by Robert Freedman - Partner at Tharpe & Howell,... on 12/26/2012

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 12/19/2012

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Wage Rounding Policies for California Employers

by Robert Freedman - Partner at Tharpe & Howell,... on 12/14/2012

If your company rounds employee work time up or down as part of its record keeping and time tracking procedures for calculating hours and pay, a recent California appellate court provided additional support for the general...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

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

by Robert Freedman - Partner at Tharpe & Howell,... on 11/14/2012

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...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

Lawsuit Against Airline Over Misleading Fees

by Robert Freedman - Partner at Tharpe & Howell,... on 10/9/2012

Companies often charge additional fees that increase the final cost of a product or service. In some industries, such as telecommunications and airlines, fees imposed by the government may be passed on to consumers. In...more

Franchise E-Review: September 2012 - Franchising in Alberta

by Osler, Hoskin & Harcourt LLP on 10/3/2012

The Ongoing Perils of Inaccurate Disclosure - Invalidation of Post-Termination Restrictive Covenant - The Alberta decision in Mapleleaf Franchise Concepts, Inc. v Nassus Framework Ltd., serves as a reminder to all...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

Franchising vs. Licensing – the Illegal Franchise Dilemma

by Kevin B. Murphy, BS MBA JD on 7/25/2012

Think you may have bought an illegal, disguised franchise that's called a license or something else? Or are you a company looking to expand and have been told to go with inexpensive licensing instead of expensive franchising?...more

Does a Franchisor have an Obligation to Maintain Brand Strength?

by Osler, Hoskin & Harcourt LLP on 6/28/2012

Bertico Inc. et al v. Dunkin’ Brands Canada Ltd. (Allied Domecq Retailing International (Canada) Ltd.) In an unprecedented decision released on June 21, 2012, the Quebec Superior Court held that the Dunkin’ Donuts...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

by Osler, Hoskin & Harcourt LLP on 3/7/2012

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

10 STEPS TO MAINTAIN YOUR TRADEMARK (SERVICE MARK) - REGISTERED or NOT

by Alexander Butterman on 1/1/2012

A TRADEMARK REGISTRATION CAN BE VALID INDEFINITELY PROVIDED THE FOLLOWING TEN (10) STEPS ARE TAKEN: 1 through 8: USE the mark (this cannot be emphasized enough); 9: ENFORCE exclusive rights to the mark; and 10: RENEW...more

The Importance of LLC Operating Agreements

by Frank Natoli on 8/11/2010

If your business will be operating as a Limited Liability Company (LLC) then one of the most important business documents that you will create is an operating agreement....more

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Commercial Law & Contracts › Franchise Law › Business Torts