ILN Today Post

Receivers, Lenders and Investors Should Know about the Uniform Commercial Real Estate Receivership Act, says Shutts partner Michelle Hendler

According to an article published in the Daily Business Review by Miami partner and creditors’ rights attorneyMichelle Hendler, receivers, lenders and investors should pay attention to recent developments by the Uniform Law Commission, a group of 350 commissioners appointed to “bring clarity and consistency” to various laws.

The ULC is recommending that the Uniform Commercial Real Estate Receivership Act be adopted in Florida. The Receivership Act would apply to receiverships for commercial real property and gives the receiver powers similar to a bankruptcy trustee. Receivers control and maintain property in order to preserve the value of the property and minimize liability and costs.

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Rainmaking Recommendation from Jaimie Field: Small Steps Add Up

I’m a big fan of doing things in increments, so I love the advice in today’s Rainmaking Recommendation from expert Jaimie Field. Even better, there’s a surprise just for Zen readers at the end of this post, so make sure to read all the way through for a bonus!

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ILN Today Post

NYC Marathon Organizer Sued Over Alleged Illegal Lottery

Two Utah residents have filed a class action lawsuit in a New York federal district court against the organizer of the New York City Marathon, claiming that the method it uses to select runners to participate in the race is an illegal lottery. Although the lawsuit alleges specific violations of New York State’s lottery law, the lawsuit may have a far reaching impact on the way companies in a broad range of industries make tickets available for concerts, athletic contests, and other events.

Complaint
The plaintiffs allege that there are more runners who want to participate in the New York City Marathon than available spots and that, as a result, the organizer – New York Road Runners, Inc. – uses a “random, chance-based drawing or lottery” to determine who can participate. This system, the plaintiffs contend, involves prospective runners paying a non-refundable fee for the chance to win a “prize” – the right to run in the marathon.

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New Jersey District Court Allows Trade Secret Misappropriation Claims to Proceed Despite Finding Subsequent Employer Did Not Induce Breach of Restrictive Covenants

Anthony J. LauraThe Chief Judge of the District of New Jersey has highlighted the distinction between the proof requirements for interference with a competitor’s restrictive covenants with its former employee and for misappropriation of the competitor’s trade secrets through that employee.

In Baxter Healthcare Corp. v. HQ Specialty Pharma, the court granted summary judgment for HQ on Baxter’s tortious interference claim but denied it on Baxter’s claims for trade secret misappropriation.  Finding that a critical element of tortious interference is actual knowledge of the contract whose breach has allegedly been induced, the court held that Baxter’s lack of evidence showing HQ actually knew that a scientist it hired from Baxter had any restrictive covenants with his former employer required summary judgment in HQ’s favor.

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Advice on Limiting the Role of HR in the Disciplinary Process

A recent case has highlighted the importance of restricting or clearly defining the role of HR in the disciplinary process. Failing to do so could leave an employer with an unfair dismissal on its hands.

In the aforementioned case, employee Mr Ramphal was being investigated by his employer regarding expenses and his use of hire cars. Mr Goodchild, the manager responsible for conducting the investigation, was inexperienced in conducting disciplinary proceedings. As such, he relied heavily on support from the HR department. In his draft report, he made a number of findings in favour of Mr Ramphal, and his initial conclusion was that Mr Ramphal’s actions amounted to misconduct as opposed to gross misconduct. Mr Goodchild then determined that a written warning would be the appropriate sanction. However, the HR department became involved and removed the positive findings, meaning that a finding of gross misconduct was determined and Mr Ramphal was dismissed.

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When Franchisees Innovate: Discussing The “Big Mac” Provision

photo-1428660386617-8d277e7deaf2During the life of a franchise system, franchisees are often the source of new product and service offering ideas. Franchisors often find that some of the best-selling products are created by franchisees.  For example, some of the most popular sandwiches (including the Big Mac, Filet-o-Fish, and Egg McMuffin) at McDonald’s were created by franchisees.  Indeed, the Big Mac is one of the all-time innovation success stories, having been created by franchisee Jim Delligatti in the 1960s and finally adopted by McDonalds in 1968 (the sandwich quickly became one of the chain’s best sellers, accounting for 19 percent of all sales). These success stories encourage franchising companies to carefully consider permitting franchisees to create new or different products.

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ILN Today Post

Lewis Rice Names Nine New Members

The St. Louis office of Lewis Rice LLC is pleased to announce it has named nine new members. Al Ludwig practices in the Corporate Department, while Derick C. Albers, Gregory D. Bulgrin, Jennifer L. Gustafson, Taylor Matthews, Sarah E. Mullen, Corey M. Schaecher, Oliver H. Thomas, and David A. Weder practice in the Litigation Department.

A former licensed CPA, Derick C. Albers represents and advises banks, financial services companies, insurers, corporations, and other clients on a range of litigation and corporate issues. His litigation practice focuses primarily on complex commercial litigation, banking litigation, insurance litigation (including coverage disputes), trust and estate litigation, real estate litigation, and shareholder disputes.

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(Français) Témoignage d’une ancienne étudiante : Faire une petite ou une grosse course? – Une autre perspective

À vos marques, prêt, courez!

Dès qu’on arrive à la Faculté de droit, on nous glisse un mot sur la célèbre Course aux stages. Une fois qu’on décide d’y participer, la question se pose à savoir si on va faire une grande course ou une petite course. À mon avis, cela dépend de l’intérêt que porte chacun envers les cabinets qui y participent. Il faut appliquer là où on se voit véritablement faire carrière. Pour certains cela équivaut à 3 ou 4 cabinets tandis que pour d’autres ce sera plutôt 9 ou 10 cabinets.

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“APA Cyber Security Briefing at the DAC,” Jim Giszczak quoted by The Auto Channel

Expect to buy a new car in the near future ? Be prepared to enter the “wild, wild west.”

That’s the assessment of a Detroit FBI agent who specializes in cyber security and the impact of hacking and other electronic threats on the future of what we drive.

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2016 Business Outlook Survey Report

Last year at this time, 78 percent of the respondents to our Business Outlook Survey expected U.S Business conditions to improve. This year, however, only 44 percent anticipate improvement. The reasons for the 34 percent drop in confidence range from election year jitters and stock market turmoil to government regulations and political partisanship. In fact, 28 percent expect a decline in business conditions this year, compared to only seven percent last year. “The future for the next 4 years is hinging on the election—no matter which way it goes,” said one of the business owners and executives who completed the sixth annual McDonald Hopkins Business Outlook Survey.

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