News & Analysis as of

Termination Rights

When a Warehouse Is a 'Place of Business' Under the New Jersey Franchise Practices Act

by Pepper Hamilton LLP on

A recent federal court opinion overlooked a plain-language requirement of the “place of business” element of a claim under the New Jersey Franchise Practices Act (NJFPA), N.J.S.A. § 56:10-1 et seq., potentially expanding the...more

Supreme Court of Kentucky Renders a Game-Changing Decision Potentially Costing Employers and Insurance Companies Millions

by Reminger Co., LPA on

On April 27, 2017, the Supreme Court of Kentucky declared unconstitutional the provision of Kentucky’s Workers’ Compensation Act that terminates income benefits on the date the employee qualifies for normal old-age retirement...more

Actualite Juridique - Decembre 2016

Assurance - Résiliation d'un contrat d'assurance emprunteur pour cause d'aggravation du risque - Le Décret n°2016-1559 du 18 novembre 2016 relatif aux conditions de résiliation d'un contrat d'assurance emprunteur...more

FRANCHISEE 101: Is It a Franchise? Yes and No

by Lewitt Hackman on

A federal court in Indiana made an interesting decision on whether a business relationship was a franchise. Wabash National Corp. is a famous maker of semitrailers. Wabash notified a dealer in Texas that its dealership was...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

by McAfee & Taft on

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

by Hinshaw & Culbertson LLP on

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

Brumley Heirs Win Fight over Rights to Old Gospel Song *WEB ONLY**

by McDermott Will & Emery on

Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded that four siblings could use their right to terminate the transfer their...more

Resolution Stay Jurisdictional Modular Protocol Launched

by Shearman & Sterling LLP on

The International Swaps and Derivatives Association launched the Resolution Stay Jurisdictional Modular Protocol and the UK (PRA Rule) Jurisdictional Module. Certain jurisdictions require banks and investment firms to include...more

Ohio Court of Appeals Upholds a Successor Manufacturer’s Termination of a Distribution Franchise

by McDermott Will & Emery on

The “successorship” provision of Ohio’s franchise law for alcohol beverages has spawned much litigation over the past two decades. Premium Beverage Supply, Ltd. v. TBK Production Works, Inc. represents the latest chapter of...more

UK Banking Regulator Finalizes Rules Requiring Adherence to Contractual Stay

On November 13, the Bank of England’s Prudential Regulation Authority (PRA) published a final policy statement titled “Contractual Stays in Financial Contracts Governed by Third-Country Law” (the PRA Policy Statement). These...more

PRA finalises contractual stays rules

by Dentons on

PRA has published its policy and final rules (the PRA Rulebook: CRR Firms and Non-Authorised Persons: Stay in Resolution Instrument 2015) to ensure that resolution action taken in relation to a relevant firm will not...more

Don’t Get Burned: Five Considerations When Leasing Restaurant Space in an Office Building

Leasing restaurant or café space in an office building requires certain considerations that a restaurant tenant may not encounter if it typically leases space in traditional retail settings. It is also important to realize...more

California Dreams Becoming Reality for Franchisees; Amended Franchise Relationship Law Nears Passage

by Baker Donelson on

The California State Assembly saw the seventh amended version of proposed changes to the California Franchise Relationship Act (CFRA) introduced August 17, 2015. This amendment is the product of industry negotiations that...more

Proposals to Simplify the Tax Treatments of Termination Payments

by Faegre Baker Daniels on

Broadly speaking, the position is currently that the first £30,000 of any non-contractual termination payment can be paid free of deductions for tax and national insurance (NI), and that most other payments are subject to tax...more

Ya Down With TPP?: How the Trans-Pacific Partnership Could Answer the Question of Artists’ Termination Rights in Sound Recordings

by Butler Snow LLP on

In a recent blog, I wrote about whether the U.S. Copyright Act’s work-made-for-hire doctrine applies to copyrights in sound recordings as that status affects artists’ termination rights in transfers. The responses I received...more

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