Welcome to the Mulcahy LLP Blog
In this section of our website we post exciting articles about legal cases and court decisions. These articles contain a wide variety of subject matter related to competition litigation. From Antitrust & Trade Regulation, to Franchise Law, to Trademark, Trade Secret & Copyright Litigation and more you can find interesting information provided by Mulcahy LLP.
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Important Things to Know about Franchise Mediation?
In many cases, franchise agreements include the provision for the parties to use mandatory mediation. The process of mediation is intended to provide a neutral venue for the parties to try and resolve their differences without taking the dispute to court and incurring attorneys’ fees.
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New Law Strengthens Trademark Enforcement Rights, Makes Other Improvements
On December 27, 2020, the Trademark Modernization Act of 2020 was signed into law. The TMA, which will become effective December 27, 2021, strengthens the right of trademark owners to obtain injunctive relief against infringers, and makes certain other important changes to trademark law and practice.
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How to Choose the Right Franchise Law Firm?
Afterall, franchising is no simple venture.Choosing a franchise law firm with seasoned and experienced attorneys is essential towards establishing and expanding your franchise.
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S.D.N.Y. Strikes Down Limitation On Joint Employer Liability
In State of New York v. Scalia, decided September 8, 2020, the Southern District of New York partially granted the plaintiffs’ motion for summary judgment, striking down a portion of the U.S. Department of Labor’s final rule (the “Final Rule”) narrowing the definition of joint employment under the Fair Labor Standards Act (“FLSA”).
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Part 4: Resolution For Uber But Precedent Set For Others
In the final installment of Mulcahy LLP’s multi-part series on the State of California’s preliminary injunction against Uber and Lyft, we conclude with an update on the relevant ballot initiative Proposition 22 (“Prop 22”) and some thoughts on how the appellate court’s reasoning in affirming may affect others besides from the ridesharing companies.
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The Potential Implications Of AB-5 On Franchising Due To Uber & Lyft
Franchisors in the state of California are increasingly finding themselves alone in the fight against Assembly Bill No. 5 (“AB-5”). Although AB-5 was intended to provide protections for gig economy workers, its scope was more a shotgun than a rifle shot. Initially, AB-5’s coverage was far and wide.
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Federal Court Strikes Down Limitation On Joint Employer Liability
On September 8, 2020, a federal district court in New York partially granted a motion for summary judgment striking down a portion of the U.S. Department of Labor’s final rule (the “Final Rule”) narrowing the definition of joint employment under the Fair Labor Standards Act (“FLSA”).
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Franchisors Beware: Landlord as Unintended Franchisee
Franchisees rely on the goodwill that has been built under the franchised brand, and develop additional goodwill within their local market. This presents a risk to the franchisor of losing that goodwill if the franchisee decides to close its doors or to terminate the franchise and operate a competing brand.
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Trademark Infringement for Breweries
Trademark abandonment can be an issue for breweries, wineries and distilleries who may offer certain products for limited periods of time or in discrete markets and then attempt to bring them back years later.
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The Measure Of Cost In Predatory Pricing Antitrust Claims
The U.S. Supreme Court Implicitly Confirms That The Measure Of Cost In Predatory Pricing Antitrust Claims Is Not Necessarily Determined At The Point When The Consumer’s Participation In The Transaction Comes To An End. Instead, Defendants Can Incorporate Post-Sale Rebates From The Conspiring Supplier To The Selling Dealer.
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The Elegance of Franchising : By Steven Emmons
The word “elegance” can be defined as “ingeniously simple.” Put another way elegance is combining effectiveness with simplicity. If your business depends on several retail units to reach your customers, franchising may well be the most elegant business structure available to you. Here’s what you should consider.
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Minute Order Holding Defendant in Contempt and Awarding Attorneys' Fees
Mulcahy LLP, on behalf of client The Tutoring Centor, secured preliminary injunction enjoining defendants' unlawful business activities following the termination of the parties' franchise agreement. Defedants were later held in contempt of the preliminary injunction and sanctioned in the form of paying all of Mulcahy LLP's attorneys' fees.
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Excessive Arbitration Fees Not Enough To Allow Franchisee To Avoid Arbitration
Last week, the California Northern District Court denied a franchisee’s request for a temporary restraining order – asking the court to enjoin the franchisor from arbitrating the parties’ dispute – because the franchisee’s anticipated injuries were limited to the substantial sums of money he would have to pay the American Arbitration Association, the arbitrator and others defending the arbitration. The court found that these expenses would not subject the franchisee to irreparable harm as is required for a TRO to issue.
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