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Insurability of Punitive Damages in Minnesota
Introduction; Minnesota Law Governing the Award of Punitive Damages; Insuring Language and the Intended/Expected Exclusions; The Minority and Majority Rules Applicable to Coverage for Punitive Damages; The Rule in Minnesota and its Exceptions; The Importance of Choice of Law; Bad-Faith Refusal to Settle; Settlement Considerations; Conclusion
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Art that Stands Alone
On March 22, 2017, the Supreme Court handed down a decision about a potentially significant copyright issue. In the Varsity Brands case the court said that various designs consisting of things like stripes and chevrons on a cheerleading uniform were eligible for copyright protection.
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Enforcing Data Security Policies With External Service Providers
In an article published in the May 7 edition of The New York Times, Nicole Perlroth reported on data security breaches that affected big names like Lady GaGa, Netflix, and Lockheed Martin. In the case of Lady GaGa and Netflix, pre-release copies of songs and TV episodes were taken and distributed by hackers.
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NASAA Adopts New Rules on Financial Performance Representations
On May 8, 2017, the North American Securities Administrators Association, Inc. (“NASAA”) formally issued new guidance, the NASAA FPR Commentary (the “Commentary”), to clarify what constitutes a reasonable basis in making a financial performance representation (“FPR”)—with specific guidance for a variety of common FPRs that are made in Item 19 of Franchise Disclosure Documents (“FDDs”). The Commentary provides welcome guidance to franchisors that have been reluctant to include FPRs in their FDDs, or whose efforts to include FPRs have been rebuffed by state franchise examiners, but it will ultimately require all franchisors that currently include an FPR in their FDD to revise their FPR.
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Sick and Safe Time Ordinances Cause Concern in the Franchise Community
State and local governments around the country are passing legislation that continues to attack the franchise business model.
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Eighth Circuit Holds That Franchisor Failed to Establish Willful Infringement
Franchisors must demonstrate at least minimal willful infringement when seeking to recover monetary damages under the Lanham Act, even when the defendants fail to defend the claim.
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Minneapolis, St. Paul Issue Sick and Safe Time Rules
Minneapolis and St. Paul each issued rules and a collection of frequently asked questions (FAQ) April 1, further clarifying the implementation of each city’s sick and safe time ordinance. The ordinances, which guarantee paid earned sick and safe time for employees working within the cities of Minneapolis and St. Paul, are scheduled to go into effect on July 1, 2017.
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Exemptions and Exclusions Under Federal and State Franchise Laws
Sawan Patel co-authored the Minnesota chapter in the American Bar Association’s book on franchise registration and disclosure exemptions, “Exemptions and Exclusions Under Federal and State Franchise Laws,” published in 2017.
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Do Your Commercial Real Estate Taxes Seem Too High?
Minnesota's deadline to file an appeal for taxes payable in 2017 is April 30, 2017, which means it's time for commercial property owners, tenants, managers, etc., to decide if a tax appeal is appropriate. Here are a few frequently asked questions.
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Individuals, Businesses Must be Justly Compensated When Property is Taken for Public Projects
When the government takes private property for a public project, both the United States and the Minnesota Constitutions require that just compensation be paid for the taking.
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SBA Announces Valentine’s Day Changes to SBA Loan Program for Franchises
Yesterday afternoon, the U.S. Small Business Administration (SBA) announced temporary changes to the recently revised franchise review process for its 7(a) and 504 loan programs. The changes are intended to facilitate SBA loans for franchisees of franchise systems who have previously been on the SBA’s Franchise Registry or otherwise negotiated an SBA Addendum to their franchise agreements.
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Judge Limits Minneapolis Sick and Safe Time Ordinance
The Minneapolis sick and safe time ordinance will only apply to Minneapolis businesses – for now.
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2017 Checklist for Franchisors: Updating Your FDD
Chuck Modell's article, "2017 Checklist for Franchisors: Updating Your FDD" was published by the International Franchise Association on Jan. 29, 2017.
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Franchisees Are Not Off the Hook Just Because They Invoke Cancellation Language in the Franchise Agreement
A federal district court in Florida made exceedingly clear in an October 2016 decision that even if a franchise agreement is cancelled and rescinded, its non-disclosure and non-competition obligations can still tie the franchisee’s hands. In other words, franchisors may enforce these obligations even when the franchisee never opens the franchise.
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The Risk of Failing to Consider Disclosure Obligations in Confidential Settlements
Franchisors who enter into settlement agreements requiring that they keep their terms confidential put themselves in jeopardy if they fail to first consider their disclosure obligations.
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Is Your Website ADA Compliant?
As evidenced by recent court decisions and regulatory actions there is a trending interpretation of the Americans with Disabilities Act (ADA) that a website is a “place of public accommodation.”
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Get it in Writing, so a Deal Doesn’t end in Buyer Beware
Chuck Modell contributed the article, "Get it in Writing, so a Deal Doesn’t end in Buyer Beware" to the Dec. 2016/Jan. 2017 edition of Upsize Magazine.
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Additional Avenues Beyond Litigation for Defending Against Allegations of Patent Infringement
Todd Fronek co-wrote the article "Additional Avenues Beyond Litigation for Defending Against Allegations of Patent Infringement," which appeared in DRI's IP Update.
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Judge Blocks New Overtime Rule
On Tuesday of this week, a federal judge sitting in Texas issued a preliminary injunction blocking the Department of Labor’s (DOL) regulation, scheduled to take effect on Dec. 1, 2016, that would have doubled the minimum salary necessary for exempt status under the “white collar” exemptions to $47,476.
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Minneapolis City Council Passes Amendments to Sick and Safe Time Ordinance
On Sept. 23, the Minneapolis City Council unanimously voted to enact several amendments to its Sick and Safe Time Ordinance, which was originally passed on May 27. These amendments come after the city of St. Paul enacted its own Sick and Safe Time Ordinance on Sept. 7.
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