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Exemptions Under New York Franchise Act
In his Franchising column, David J. Kaufmann of Kaufmann Gildin Robbins & Oppenheim discusses the exemptions from the New York Franchise Act and the threshold question of whether these exemptions only relieve a franchisor from having to register its franchise disclosure document with the Attorney General or also relieve that franchisor from having to effect disclosure otherwise required by the New York Franchise Act to prospective franchisees.Adelphia Founder, Son Guilty of 18 Fraud Counts
Adelphia Communications Corp. founder John J. Rigas and his son Timothy J. Rigas were convicted of securities fraud and bank fraud for the multibillion-dollar scandal that landed their company in bankruptcy.AG Takes Fire for Stance on Prop 209
The Pacific Legal Foundation suggests "political expediency" has led Jerry Brown to oppose the controversial law.New Criminal Justice Legislation
In his Criminal Law and Procedure column, Barry Kamins, an Acting Supreme Court justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, discusses new criminal justice legislation signed into law by Governor David Paterson that contains amendments to the Penal Law, Criminal Procedure Law, Vehicle and Traffic Law and other related statutes.In With the Old, Out With the New
As the new chairman of the Federal Communications Commission, Michael Powell will referee a critical battle among the country's telecom companies over access to the local telecommunications customer, a market expected to reach $111.8 billion in revenues this year. What Powell decides may determine whether many of the newer telecoms survive and whether the nation's largest local providers become even larger.Before You Blog, Check With Your Insurance Carrier
Law firms of all sizes have turned to blogs to showcase their expertise, but at least one New Jersey firm has put the plan on hold out of liability concerns. The reason: Its malpractice carrier said blogging would make the firm uninsurable. The firm's experience may be an aberration, but then again, it could simply mean that most firms don't check with their carrier before launching blogs or that carriers aren't proactive in finding out which of their insureds are bloggers.Bulk Sale Liability May Be Bulkier Than You Thought
In their Tax Appeals Tribunal column, Roberts & Holland partners Joseph Lipari and Debra Silverman Herman review recent determinations that show the application of the bulk sales rule, which can make the buyer of a business' assets liable for unpaid sales tax of the seller, to a transfer of intangible assets, to a gift between family members and to a transfer of a small portion of assets apart from the "main" business.Children of Illegal Immigrants Deserve A Pathway to Permanent Residency
The DREAM Act - Development, Relief, and Education for Alien Minors - is worthy of enactment. Allowing children of illegal immigrants to take their place in society rather than lead a shadow existence comports with expedience as well as morality. By letting them gain advanced education and then use it, in pursuit of legitimate careers, we would further both their interests and society's.Dewey Bankruptcy Filing Raises Novel Issues
Although a string of law firms have filed for bankruptcy in recent years, Dewey & LeBoeuf is the largest to file for Chapter 11 and it filing raises novel issues, including the firm's bond debt, unusual secured creditors, a criminal investigation and the firm's large global footprint.Affidavit of Merit Needed To Sue Firm As Well as Lawyers for Malpractice
New Jersey's affidavit-of-merit statute applies to suits against law firms for malpractice, not just individual lawyers, an appeals court held Monday in a case of first impression.Trending Stories
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