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HTMLThe Missouri Supreme Court upholds another pre-activity waiver, but factually-supported allegations of recklessness might defeat such waivers in other cases.
Peter B. Hoffman; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
February 18, 2015, previously published on December 29, 2014
The Missouri Supreme Court recently issued a new opinion which has significance to both proper summary judgment procedure and whether or not a pre-activity waiver of negligence is enforceable in the face of allegations of gross negligence or recklessness.

 

HTMLOFAC Authorizes U.S. Persons to Wind Down Activities in Crimea
Sandra K. Jorgensen, Renee A. Latour, Julia Sorrentino; Greenberg Traurig, LLP;
Legal Alert/Article
February 16, 2015, previously published on December 31, 2014
On Dec. 30, 2014, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued Ukraine-related General License No. 5 authorizing U.S. persons to engage in activities ordinarily incident and necessary to winding down U.S. person activity with or in the Crimea region of...

 

HTMLQualifying for the Antique Exception to the Ivory Ban
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
February 13, 2015, previously published on December 2, 2014
Before the new rule went into effect, objects at least 100 years old that are either made of African elephant ivory or included ivory components were exempt from the general Endangered Species Act (ESA) and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)...

 

HTMLIvory Ban’s Effects on Collectors, Museums, Musicians and the Art Trade
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
February 13, 2015, previously published on December 2, 2014
Earlier this year, in response to concerns that poaching of African elephants is rapidly driving the species to extinction, the U.S. federal government tightened restrictions on the import, export, transfer, and sale of African elephant ivory and rhinoceros horn.[1] The revised restrictions...

 

HTMLGun Control Advocates Focus on Retailers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
National corporate campaigns are not just the province of unions anymore. An organization that advocates for gun control, Moms Demand Action For Gun Sense In America, has gotten into the action as well. The group focuses on national retailers and chain restaurants via social media to pressure them...

 

HTMLSeven Key Supreme Court Cases for Retailers to Watch
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a quick run-down of the important cases for retailers to watch and a...

 

HTMLBrand Protection: The Case for Franchisor Auditing and Enforcement of Franchise Agreement Compliance Clauses
Mary E. Pivec; Ford & Harrison LLP;
Legal Alert/Article
October 7, 2014, previously published on October 3, 2014
Executive Summary: The recent criminal prosecution of several 7-Eleven franchisees, which arose out of a criminal alien employment investigation, as well as efforts by government agencies to treat franchisors and franchisees as joint employers for the purposes of liability under federal labor and...

 

HTMLDetermination of the Validity of Non-Competition Clauses in a Franchise Agreement
Erica Chiu; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
September 30, 2014
Pursuant to the Explanation of the Fair Trade Commission on the Regulation of the Operating Behavior of Franchisors (hereinafter, the "Explanation"), the so-called "franchisor" refers to an enterprise that licenses its trademark or operating techniques, assists or guides the...

 

HTMLAssociated Wholesalers, Inc. Lands in Bankruptcy Court
Morris James LLP;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
Robesonia, Pennsylvania-based Associated Wholesalers, Inc. (“AWI”) and ten associated debtors (collectively, the “Debtors”) filed Chapter 11 petition in the Bankruptcy Court for the District of Delaware. A copy of the AWI petition is linked here: Voluntary Petition...

 

HTMLOut of Africa: Business Summit Focuses On Renewal of AGOA
Williams Mullen;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
The United States government in conjunction with the Bloomberg Philanthropies held the first ever US-Africa Business Summit on August 4-6, 2014 to discuss trade opportunities in Africa. A primary focus of discussion at the summit was the Africa Growth and Opportunity Act (AGOA), a regulation passed...

 


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