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  • Article

    The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

    Carmona is the latest stop in a journey that has seen courts liberally interpret "interstate commerce" to encompass intrastate transportation.
    United StatesLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Hotel Franchises: A Potential Shift In Power?

    There are few commercial relationships with a more inherent imbalance of power than that of a franchisor and franchisee.
    United StatesMedia, Telecoms, IT, Entertainment
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    New NLRB Rulemaking May Change The Joint-Employer Standard

    The National Labor Relations Board ("NLRB")'s joint-employer standard has recently been in a state of flux ...
    United StatesEmployment and HR
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    10 Common Issues In Franchise Disputes

    Franchise disputes commonly involve breach of contract, termination issues, intellectual property conflicts, and territorial encroachment between franchisors and franchisees. Understanding the franchise agreement's dispute resolution procedures and state franchise laws like New Jersey's pro-franchisee statute is critical to resolving these conflicts effectively. Both parties benefit from proactive communication and following contractual procedures for mediation, arbitration, or litigation.
    United StatesCorporate/Commercial Law
    Scarinci Hollenbeck LLC
    Scarinci Hollenbeck LLC
  • Article

    California DMV Finds "Care By Volvo" Subscription Service Violates State Law

    The California Department of Motor Vehicles ("DMV") recently disclosed the results of its investigation of the "Care by Volvo" car subscription service ("CbV") that...
    United StatesCorporate/Commercial Law
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    California Employment Law Notes - September 2014

    In her complaint, Patterson alleged that she and Renee Miranda were employed by Domino's (the franchisor).
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Food And Beverage Law Update: April 2016

    The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from the effects of nonpayment by certain third parties.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    Food And Beverage Law Update: February 2020

    In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative class action against makers and marketers of Pringles® brand potato chips.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    Texas Appellate Court Addresses Potential Application Of COGS Deduction To Service Providers And Sellers Of Intangible Property

    The taxpayer, which operates a movie theater business and primarily exhibits motion pictures and other content to customers, claimed a COGS deduction on its 2008 and 2009 RTFT reports.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Texas Comptroller Revises Policy Regarding Claiming Of Temporary Business Loss Carryforward For Combined Groups

    On April 9, the Texas Comptroller’s Tax Policy Division announced a change in the Comptroller’s interpretation of Texas Tax Code Section 171.111(d).
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Texas Supreme Court Nixes Netting Investment Losses Against Other Receipts

    The taxpayer, Hallmark Marketing, LLC, filed its 2008 RTFT return with a gross receipts apportionment factor denominator that excluded an overall net loss sustained by the taxpayer on the sale of capital assets and investments.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Banking Corporation Not Required To Hypothetically Use New York NOL Deduction When Tax Is Paid On Asset Base

    A New York State Division of Tax Appeals administrative law judge recently ruled in Matter of TD Holdings II, Inc.
    United StatesTax
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Auto Manufacturers: Don't Forget the Amended Franchise Rule When Considering New Business Opportunities

    Unlike oil companies and oil jobbers, auto manufacturers and distributors do not enjoy an industry-wide categorical exemption from the FTC Franchise Rule.
    United StatesCorporate/Commercial Law
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Deconstructing Franchisee Claims for "Constructive" Termination and Nonrenewal - Implications of Supreme Court Petroleum Marketing Decision for Distribution and Franchise Generally

    Earlier this month, the Supreme Court issued its long-awaited decision in the case of Mac's Shell Service, Inc. v. Shell Oil Products Co., 559 U.S. ______ (2010).
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    How Foreign Franchisors Can Expand Into The United States Using Foreign Franchisees

    Foreign-based franchisors may wonder how difficult it would be to expand their businesses into the United States.
    United StatesCorporate/Commercial Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Berkeley, California Adopts Fair Work Week Measures

    Starting in January of 2024, businesses in Berkeley, California with at least 10 employees within the City of Berkeley will need to comply with a new Fair Work Week Ordinance.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Hotel Franchises: A Potential Shift In Power Through The Courts?

    As we discussed in an article published on April 11, 2023, influential hotel owners are seeking to use the legislative process to address the perceived imbalance of power between a hotel franchisor and franchisee.
    United StatesMedia, Telecoms, IT, Entertainment
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Overreach, Data Privacy & More: A Rundown Of The Fiscal Year 2024 FTC Budget Hearing

    On Tuesday April 18, FTC Chair Khan, and Commissioners Bedoya and Slaughter spent almost three hours responding to criticism and compliments before its House oversight...
    United StatesPrivacy
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    New York Tribunal Determines Article 9-A Taxpayers Unitary And Allowed To File Franchise Tax Return On Combined Basis

    On May 19, the New York State Tax Appeals Tribunal determined that certain members of a taxpayer group were permitted to file Article 9-A corporate franchise returns on a combined basis.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Massachusetts District Court Finds Janitorial Franchisees are Employees, Not Independent Contractors

    On March 23, 2010, the United States District Court for the District of Massachusetts held in Awuah v. Coverall North America, Inc. that a group of janitorial franchisees were misclassified as independent contractors.
    United StatesEmployment and HR
    Jones Day
    Jones Day
  • Showing 841–860 of 965 results

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