So You Want to Be a Franchisor

By | Franchisor Attorneys | February 20, 2017
Most people who come to us seeking to franchise their business know nothing about franchising and are usually inquiring because a customer asked if they could buy a franchise or because a friend told them they should franchise their business. The first thing I tell each prospect is that franchising is not easy, it is not for everyone and it is not to be undertaken lightly. View Full Post
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An Oppression How-to: Revoke Employment, Profit Sharing and Control

By | New York Business Divorce | February 20, 2017
An Oppression How-to: Revoke Employment, Profit Sharing and Control An earlier post on this blog, examining a post-trial decision in Matter of Digeser v Flach, 2015 NY Slip Op 51609(U) [Sup Ct Albany County Nov. 5, 2015], described the minority shareholder’s dissolution claim under Section 1104-a of the Business Corporation Law as a “classic case of minority shareholder oppression.” The Albany-based Appellate Division, Third Department, recently agreed with that assessment in affirming the lower court’s order finding sufficient grounds for dissolution. View Full Post
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A Mishmash of News As California Gets Even Wetter.

A Mishmash of News As California Gets Even Wetter. It feels like Monday morning’s installment should start with a rousing round of “rain, rain, go away, come again another day, Californians want to play!”  With even more storms set to hit Northern and Southern California, the rain totals continue to rise and Mother Nature once again shows her awesome power.   View Full Post
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How Do the Voting Patterns of the Court’s Pro Tems Differ in Criminal Cases from the Permanent Justices (Part 2 – 2008-2016)?

How Do the Voting Patterns of the Court’s Pro Tems Differ in Criminal Cases from the Permanent Justices (Part 2 – 2008-2016)? Last week, we reviewed the frequency with which pro tem Supreme Court Justices voted with the Court’s majority in criminal cases between 2000 and 2007.  Today, we review the same data between 2008 and 2016. Seventy-eight pro tem votes were filed between 2008 and 2016.  View Full Post
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Can You Be Reasonably Certain a Water Balloon is Substantially Filled? Indefiniteness in Tinnus V. Telebrands

By | Patent 213 | February 17, 2017
Can You Be Reasonably Certain a Water Balloon is Substantially Filled? Indefiniteness in Tinnus V. Telebrands In Tinnus Enterprises, LLV v. Telebrands Enterprises (Fed. Cir. 2016-1410), the CAFC considered whether a claim requiring that a container (think water balloon) be “substantially filled” was indefinite under 35 USC §112. Complicating the issue, in this case the district court and the Patent Trial and Appeal Board (PTAB) reached different conclusions regarding the claims at issue in Tinnus, with the district court finding the claims valid and the PTAB finding the claims invalid under 35 USC §112. View Full Post
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Second Circuit Gives Belated Valentine’s Day Gift to Music Licensees by Ruling for Sirius XM Regarding Its Use of Pre-72 Sound Recordings

By | CommLawBlog | February 17, 2017
Second Circuit Gives Belated Valentine’s Day Gift to Music Licensees by Ruling for Sirius XM Regarding Its Use of Pre-72 Sound Recordings We previously told you about the Christmas gift that New York’s highest state court had given to licensees that play “oldies” recordings by finding that the owners of those recordings had no right to demand payment when the recordings were publicly performed in New York. That ruling came in one of many lawsuits that Flo & Eddie – a company owned by two members of The Turtles (of “Happy Together” fame) View Full Post
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An Employee Doesn’t Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn’t

By | FMLA Insights | February 17, 2017
An Employee Doesn’t Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn’t I recently had an interesting call with a DOL investigator, and I wanted to share it with you. First, let me set the background. I represent a large national employer with multi-state locations, including several on the east coast. One of these east coast locations employed Johnny [name changed to protect the guilty], a serial FMLA abuser. View Full Post
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Book Review: Federal Securities Litigation

By | The D&O Diary | February 17, 2017
Book Review: Federal Securities Litigation The interpretation and application of the federal securities laws has in recent years proven to be a rapidly changing arena. For that reason, it is a particularly welcome development that the authors of the “Federal Securities Litigation: A Deskbook for the Practitioner” have released the latest update of their single-volume resource on litigation under the U.S. View Full Post
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