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  • Severe Consequences for Franchisor Executives: Personal Liability and Non-dischargeable Debt

    By: David L. Cahn

    “Do not pass Go, do not collect $200” is a phrase we all remember from the childhood game Monopoly.  Like Monopoly, state franchise sales laws have rules and regulations that must be followed.  A franchisor’s failure to follow these basic procedural rules for selling franchises can result...

  • Another Court Ruling Shows Franchisors the Value of Providing an Item 19 FPR

    By: David L. Cahn

    Take-away:  Franchisors cannot rely on disclaimers in the contracts and FDD to protect against claims of providing false financial information.

  • Investigating a Juror's Claim of Racial Bias

    By: Erek L. Barron

    Erek Barron was quoted in this article, originally published in Litigation News, from the ABA Section of Litigation: ...“You would have to do some pretty good lawyering” to convince the trial court that racial bias has tainted a defendant’s right to a fair and impartial jury, according to Erek L....

  • SEC Adopts Final Rules Permitting "General Solicitation" In Rule 506 Offerings Made Exclusively to Accredited Investors and Disqualifying Felons and Other "Bad Actors" From Rule 506 Offerings

    SEC Adopts Final Rules Permitting “General Solicitation” In Rule 506 Offerings Made Exclusively to Accredited Investors and Disqualifying Felons and Other "Bad Actors" From Rule 506 Offerings SEC issues rule proposals to strengthen SEC oversight of Rule 506 offerings

  • What Nonprofits Don't Know About Healthcare Reform Can Hurt Them

    Take-away.  The federal Patient Protection and Affordable Care Act (“ACA”) enacted by Congress in 2010 will affect nonprofit organizations as much as for-profit companies.  All nonprofits should determine if they are “large employers” and are subject to the penalties imposed by the ACA if...

  • New Rules for Association Foundations from the IRS

    By: Eileen Morgan Johnson

    This article originally appeared in the May 2013 issue of Associations Now, the journal of ASAE: The Center for Association Leadership. Associations with related foundations that are considered to be “supporting organizations” under Internal Revenue Code section 509(a)(3) should pay attention to a...

  • Is California's "Good Faith" Franchise Legislation Necessary or Meaningful?

    By: David L. Cahn

    Originally published in the July 2013 LJN’s Franchising Business & Law Alert®, by ALM Media, LLC, and republished with permission of that copyright owner. On May 28, the California Senate passed S.B. 610, which is an amendment to California’s Franchise Relations Act (the “CFRA”).  The bill...

  • Now What? How You Can Minimize The Cost Of Your Stormwater Fees

    By: M. Trent Zivkovich

    This article is one in a series presenting information on the current status of local legislation implementing stormwater fees in ten jurisdictions across Maryland. For background on the stormwater fees and their purpose, please see this earlier article.  This article summarizes information on...

  • What Does Your Commercial Lease Say About the New Stormwater Fees?

    By: Emily K. Lashley

    It’s been the talk of the town.  House Bill 987 passed by the General Assembly in 2012 requires ten major jurisdictions to implement a watershed protection and restoration program and to apply a storm water remediation fee to fund the program by July 1, 2013.  So what does this mean for...

  • CA Alert: 2007 Changes to Virginia Resale Certificate Laws

    By: Raymond J. Diaz

    On July 1, the 2007 amendments to the Virginia laws related to charges for resale certificates go into effect. During its just concluded session, the Virginia General Assembly amended the Virginia Condominium Act (the “Condominium Act”) and the Virginia Property Owners Associations Act (the “POAA...