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Top Level Domain Name .BANK is here
For Banks, the availability of the new .bank extension presents a new and exciting opportunity. It is intended to be a trustworthy name only for qualifying financial institutions. This will allow the public to know they are dealing with a legitimate […]
Trademark Licensor Rights Trump Bankrupt Licensee
While Donald Trump’s presidential aspirations and “Celebrity Apprentice” hosting duties make for interesting copy, the most recent news concerning him relates to the bankruptcy case of Trump Entertainment and the interaction between […]
EEOC Proposes New Rule On Wellness Programs
A prior blog post on this site addressed the issue of making sure your company's wellness program complied with EEOC and ADA restrictions on obtaining health and medical information regarding your employees. Since that post, the EEOC has now recently […]
The Enforceability of Liquidated Damages Clauses
The enforcement of a liquidated damages clause can mean the difference between money in a party's pocket with little effort versus a protracted and expensive court battle. To learn more, click on the link below to an article recently published […]
OSHA Reporting and Recordkeeping Requirements: New Rules Effective January 1, 2015
First, the Act has expanded the list of work related injuries that all covered employers must report. Employers must continue to report all work-related fatalities within 8 hours. However, under the new rules, employers must also report all work- […]
Uber: Is it Safe (Part 2)
In Delhi, in response to the report of an alleged rape by one of its drivers, Uber announced that it is taking additional steps to screen drivers. Uber has hired a "local team of specially-trained safety experts" to help ensure that its drivers […]
The Holiday Party Season—Celebration or Employer Nightmare?
As we move past Thanksgiving, many companies will hold parties to celebrate the holiday season. These parties are a great morale booster and provide a means to recognize outstanding employees, as well as celebrate and give thanks for your company’s […]
Franchisor Strikes Out in Bankruptcy Court
Occasionally, a case comes along that shows how things can go wrong for a franchisor in bankruptcy court. Cumberland Coral, LLC, is just such a case. To learn more about the case and the issues raised for franchisors and franchisees […]
How Bankruptcy Affects Franchise Agreements
Few assets in the hospitality industry are more valuable and important than the franchise agreements. The bankruptcy filing of a franchisor or a franchisee can greatly increase the uncertainty of how and when the provisions of a franchise agreement […]
It Matters Whether an Agreement is "Executory"
A recent decision by the full contingent of judges from the Eighth Circuit Court of Appeals (covering seven Midwest states) demonstrates that a common bankruptcy term should be added to your vocabulary. That term is "executory." […]
Environmental Due Diligence: A Practical Guide to Environmental Site Assessments Part 2
If after a Phase I ESA, the EP determines further investigation is warranted, that more invasive investigation takes the form of a Phase II ESA. The primary purpose in conducting a Phase II ESA is to evaluate any REC(s) identified in a Phase I ESA to […]