The 2010 Patient Protection and Affordable Care Act – Summary Of The U.S. Supreme Court’s Ruling

The United States Supreme Court upheld the constitutionality of most of the 2010 Patient Protection and Affordable Care Act (ACA). The two key issues before the Court were the constitutionality of (1) the ACA’s “individual mandate,” which requires virtually everyone in the United States to buy health insurance or to pay a penalty for failing to do so, and (2) its requirement that states adopt new standards that would have significantly increased the number of Medicaid-eligible individuals (the so-called “Medicaid expansion”), or face loss of federal Medicaid funding.

Nevada Franchise Business Network: Spring 2012 Meeting

Join us at the next meeting of the Nevada Franchise Business Network for an interactive discussion featuring leaders from locally-based companies that have successfully grown into national franchise systems. The topic of the meeting is “Lessons Learned in Franchising” and will feature guest speakers Debbie Shwetz, CEO of Nothing Bundt Cakes, Fred Hassen, CEO of Sit Means Sit Franchise, Inc., and Alfredo Rivera, President of Sit Means Sit Franchise, Inc.

Can Holdover Franchisees Be Held Liable For Trademark Counterfeiting?

One of the most common lawsuits in franchising involves the “holdover” franchisee. In these cases, the franchise agreement has either expired or it has been terminated. The holdover franchisee, however, continues to operate his or her business as though nothing has changed and continues to use the franchisor’s trademarks and trade dress. The recent case Century 21 Real Estate, LLC v. Destiny Real Estate Properties found that a holdover franchisee can be held liable for trademark counterfeiting, which means that potentially large punitive damage awards can be available against holdover franchisees.

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