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|Ontario Court Rules there is No “Material Change” Where the Franchisee Had Knowledge of Changes|
Stefanie Holland; Cassels Brock & Blackwell LLP;
October 17, 2013, previously published on October 2013In 1201059 Ontario Inc. and Pizza Pizza Limited, the Ontario Superior Court of Justice addressed the disclosure obligations of a franchisor in the context of the renewal of a franchise agreement when the franchisee is required to incur substantial renovation costs to its business premises. In this...
|Recent Decisions Enforcing Arbitration Provisions|
Angela L. Beblo, Brienne T. Marco, Sarah B. Smith; Spilman Thomas & Battle, PLLC;
October 15, 2013, previously published on October 10, 2013For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the way arbitration clauses are enforced. In June, the West Virginia Supreme...
|Ninth Circuit Holds that a Properly Structured Voluntary Rental Program Offering Does Not Convert Hotel Condominium Units into Securities|
Richard F. Davis; Greenberg Traurig, LLP;
September 30, 2013, previously published on September 27, 2013In a case involving the offering of 450 condominium hotel units and a rental program at the Hard Rock Hotel in San Diego, California, the Ninth Circuit Federal Court of Appeals found in favor of the sponsor and upheld the real estate purchase and sale agreements as just that, a real estate contract...
|Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer's U. S. Sister Company|
Celia M. Joseph; Fisher & Phillips LLP;
September 26, 2013, previously published on September 20, 2013In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister affiliate in St. Maarten, Netherlands Antilles. On August 7, 2013, in...
|Sixth Circuit Affirms 'Dirtiest Hotel' Defamation Ruling|
Jeffrey D. Neuburger; Proskauer Rose LLP;
September 25, 2013, previously published on September 23, 2013We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus was not actionable under Tennessee defamation law....
|How Immigration Reform Can Attract Increased Tourism Revenue|
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
September 18, 2013, previously published on September 12, 2012The U.S. immigration system often is not conducive to short visits for tourism, making the U.S. a less than attractive vacation destination for international travelers. The State Department, which administers the processes for getting visitor access to the U.S., must balance concern for national...
|Fast Food Strikes Spread Across the Nation|
Joshua J. Sudbury, Scott V. Wagner; Ford & Harrison LLP;
September 3, 2013, previously published on August 2013Executive Summary: Recently, unions and union-backed workers' centers have set their sights on employers in the restaurant industry, particularly those operating fast-food establishments. While the groups have touted higher wages and better benefits as the reason for their crusade, another...
|Worker Centers Get Active and Get Attention|
David P. Phippen; Constangy, Brooks & Smith, LLP;
September 2, 2013, previously published on August 2013In recent weeks, fast food and retail workers have gone out on one-day strikes in cities across the nation. The strikes are evidence that a new type of organization is having an increasing role in the nation's labor-management relations. "Worker centers" are often closely affiliated with...
|Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?|
Corby Cochran Anderson, Ted P. Pearce; Nexsen Pruet, LLC;
August 29, 2013, previously published on August 2013What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnson's Restaurants, then you are one of a dwindling number of people who can still appreciate the power that brand once had. At one time, Howard Johnson's was the largest restaurant chain in the...
|Vietnamese Still Not Permitted to Enter Gambling Centres|
Quynh-Anh Lam, Nguyet Thi Nguyen, Thao Nguyen; Mayer Brown JSM Vietnam Limited;
August 28, 2013, previously published on August 22, 2013Under the recently promulgated decree 86/2013/ND-CP on management of electronic gaming with prizes (Decree 86), the Vietnam government maintains its position that Vietnamese shall not be allowed to enter electronic gaming with prizes centres (Electronic Game Centres).