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HTMLSurvival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?
Corby Cochran Anderson, Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
August 29, 2013, previously published on August 2013
What 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...


HTMLVietnamese Still Not Permitted to Enter Gambling Centres
Quynh-Anh Lam, Nguyet Thi Nguyen, Thao Nguyen; Mayer Brown JSM Vietnam Limited;
Legal Alert/Article
August 28, 2013, previously published on August 22, 2013
Under 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).


HTMLMinnesota High Court Rules Tips are Wages under State Law
Jackson Lewis P.C.;
Legal Alert/Article
August 28, 2013, previously published on August 23, 2013
Employers who require restaurant employees to pay for cash register shortages, customer walkouts and unsigned credit card receipts from their gratuities violate Section 181.79 of Minnesota Statutes on “unlawful deductions,” the Minnesota Supreme Court has held. Karl, et al. v. Uptown...


HTMLDefendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
August 28, 2013, previously published on August 26, 2013
After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations of the federal Telephone Consumer Protection Act and state consumer...


Adobe PDFCalifornia Court Holds that Employer May be Liable for Acts of Drunken Employee After Attending Company Party
Wendy L. Tucker; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
August 26, 2013, previously published on August 21, 2013
In a disheartening decision for California employers, a California Court of Appeal recently held that an employer who provides alcohol at company parties or events may be liable for its employees’ actions until they sober up.


HTMLSecond Circuit Enforces Collective/Class Action Waiver and Upholds Mandatory Arbitration Agreements
Evan B. Citron, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 23, 2013, previously published on August 19, 2013
A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers. Sutherland v. Ernst & Young LLP, which the Second Circuit Court of Appeals decided on August 9, fortifies an employer’s ability to use individual arbitration agreements to avoid wage and...


HTMLFTC Seeks to File (Again) Amicus Brief in EFFEXOR XR “No-AG” Agreement Antitrust Case; Plaintiffs in Similar LAMICTAL Case Seek Reconsideration of Dismissal
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 22, 2013, previously published on August 20, 2013
Late last week, the Federal Trade Commission (“FTC”) announced that it had filed a motion asking the U.S. District Court for the District of New Jersey to accept an amicus brief in In re Effexor XR Antitrust Litigation concerning the application of the U.S. Supreme Court’s June...


HTMLCalifornia Appellate Court Extends Employer Liability for Harm Caused by Intoxicated Employees
Nathan J. Hochman, Daniel A. Saunders; Bingham McCutchen LLP;
Legal Alert/Article
August 21, 2013, previously published on August 20, 2013
Breaking with the law in a number of other states, a California appellate court recently held that employers may be held liable for deaths or injuries resulting from alcohol consumed at an employer-hosted party, even if the injury occurs after the employee has safely arrived home. Purton v....


HTMLFormer Employee Successfully Disavows FLSA Settlement
Edward N. Boehm; Fisher & Phillips LLP;
Legal Alert/Article
August 20, 2013, previously published on August 16, 2013
The Eleventh Circuit U.S. Court of Appeals (with jurisdiction over Alabama, Florida, and Georgia) recently expanded the court's 1982 ruling in Lynn's Food Stores, Inc. v. U.S. limiting the settlement of claims under the federal Fair Labor Standards Act. Lynn's Foods said that such settlements...


HTMLAre Delay Damages Lienable?
Amanda Parker Baggett; Rogers Towers, P.A.;
Legal Alert/Article
August 17, 2013, previously published on August 14, 2013
The old adage “time is money” is truer perhaps in the construction industry than anywhere else. Delays can cause significant economic damages for everyone involved on a construction project. But are those delay damages lienable? It depends.


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