Monthly Archives: February 2013

Franchise Alert: Terminating a franchise agreement in Ohio

It is not uncommon for disputes to arise between a franchisor and a franchisee. If a franchisor and franchisee are unable to resolve their issues and disputes, a franchisor may wish to terminate the franchise agreement of the franchisee. Prior to deciding whether or not to declare a default and terminate a franchise, the franchisor should carefully review the specific terms and provisions of the franchise agreement related to events of default and termination. The franchisor needs to know whether or not the franchise agreement:

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Business Restructuring and Bankruptcy Alert: Proposed amendments to Ohio’s receivership statutes are introduced to the 130th General Assembly

The Ohio General Assembly is considering significant changes to Ohio’s receivership laws, that would, among other things, authorize a receiver’s sale of real estate free and clear of liens without a foreclosure proceeding. The proposed changes, introduced in the now-expired term of the 129th General Assembly and reintroduced in the 130th General Assembly, represent the most significant changes in decades.

Ohio Senate Bill 388, introduced to the 129th General Assembly on November 13, 2012, proposed amendments to Sections 2333.22, 2715.21, 2735.02, and 2735.04 of the Ohio Revised Code to add to and clarify the powers of a court-appointed receiver and provide new procedures for the sale of real property by a receiver free and clear of existing liens, claims and interests. Senate Bill 388 did not make it out of the judiciary committee prior to the expiration of the 129th General Assembly’s term.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington-February 22, 2013

Simpson-Bowles 2.0

On Tuesday, former U.S. Senator Alan Simpson (WY), a Republican, and former White House Chief of Staff Erskine Bowles, a Democrat, unveiled a new deficit reduction package.

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Telecommuting again raised as a reasonable accommodation

Questions related to reasonable accommodations for employees with disabilities are some of the most difficult situations for employers to resolve. The Americans with Disabilities Act requires employers to grant an employee a reasonable accommodation in the workplace for his or her disability. Such an accommodation is not required if it would cause an employer an undue hardship. Determining an employer’s obligations can be tricky when there is not a black-and-white test that tells an employer whether an accommodation is reasonable or imposes an undue hardship.

Special note to Wisconsin employers – this analysis can be even more difficult in our great state where you may be required to change some of the employee’s job duties to meet the requirements of the Wisconsin Fair Employment Act. Ironically, this unique Wisconsin consideration is associated with a cheese factory. But I digress. . .

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The New Auto Industry: Friend of the Environment and Tech Star

Back in October, I talked here on Madison Ave Insights about the FTC’s just-released Green Guides and what they would mean for marketers moving forward. The FTC moved against unfounded and overused “environmentally friendly” and “green” claims in marketing for a range of products. The standards as established challenge the use of unqualified general environmental benefit claims and asks advertisers to scientifically prove specific green claims.

One industry with a focus on the environment that needs to adapt to both the demands of the marketplace and the restrictions of the regulators is the automotive industry. At the North American International Auto Show in Detroit in January, consumers saw the latest model introductions from the automobile industry – domestic and foreign – that presented consumers with each company’s take on the best options for price, performance, versatility, fuel economy and being green.

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TARK GRUNTE SUTKIENE shortlisted for Baltic Law Firm of the Year Award

Chambers Europe has shortlisted TARK GRUNTE SUTKIENE for an Award for Excellence in the category Baltic Law Firm of the Year.

The nominees in the category have been selected based on the research carried out byChambers Europe 2013.  These awards reflect a law firm’s pre-eminence in key practice areas and notable achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service.

Chambers Europe is a leading guide of the legal profession in Europe, identifying the leading lawyers and law firms through extensive research and interviews with thousands of lawyers and their clients. The Europe guide provides in-depth analysis of the legal markets in 51 jurisdictions.

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ILN Today Post


A California state court recently dismissed a lawsuit brought by former Olympians, including Mark Spitz and Greg Louganis, against Samsung for right of publicity violations over a Facebook app that used their names, images and biographical information without their consent.

The app, called the “U.S. Olympic Genome Project,” compared a user’s Facebook profile with biographical data of almost 8,000 United States Olympic athletes, showing a user what they had in common with various Olympians. For example, a user could determine if they were from the same hometown as Amanda Beard or shared the same favorite food as
Mark Spitz. The former Olympians sought to bar Samsung’s use of their names, images and biographical data, under California’s Right of Publicity laws, claiming that this use without their authority improperly created the impression that they endorsed Samsung’s products and business when they had not. Samsung moved to strike the Olympians’ lawsuit under California’s anti-SLAP statute, which allows defendants to seek dismissal
of lawsuits that chill First Amendment expression. Samsung argued, and the California court agreed, that although Samsung created the Genome Project, and its trademark was displayed on several pages of the app, the Genome Project was not commercial speech,
particularly because it did not advertise a specific Samsung product, and was protected speech under the First Amendment. More…

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ILN Today Post

PPSA: Please sir, can I have some more…time

There has now been a second reported case dealing with applications to extend the time to register a PPSA security interest.

In Cardinia Nominees Pty Ltd [2013] NSWSC 32 the court again agreed to an extension of time for the registration of a security interest under the PPSA, but the extension was given on conditions which  leave this security interest open to challenge in the future. More…

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Wage & Hour FAQ #2: What to Do When a Wage Hour Investigation Team Arrives to Start Auditing

By Douglas Weiner

Last month, we released our Wage and Hour Division Investigation Checklist for employers and have received terrific feedback with additional questions. Following up on your questions, we will be regularly posting FAQs as a regular feature of our Wage & Hour Defense Blog.

In this post, we address an increasingly common issue that many employers are facing in light of aggressive government enforcement at the state and federal level from the Department of Labor.

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ILN Today Post

High value UK residential property: Capital Gains Tax changes announced

On 31 January 2013, the Government published draft legislation for inclusion in the Finance Bill 2013 which affects companies (whether UK resident or non UK resident), partnerships with at least one corporate partner and collective investment schemes (Non Natural Persons) owning an interest in UK residential property in excess of £2,000,000.

As from 6 April 2013, 28% UK Capital Gains Tax (ARPT CGT) will be payable if a Non Natural Person disposes of UK residential property in excess of £2,000,000 (High Value Disposals). Disposals include transfers for less than full market consideration and gifts. More…

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