reglab/housing_qa huggingface dataset:
NE Code § 87-403 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-403 - Franchise; sections, applicable; when.

87-403.  Franchise; sections, applicable; when.Sections 87-401 to 87-410 apply only to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of Nebraska, (2) when gross sales of products or services between the franchisor and franchisee covered by such franchise shall have exceeded thirty-five thousand dollars for the twelve months next preceding the institution of suit pursuant to sections 87-401 to 87-410, and (3) when more than twenty percent of the franchisee's gross sales are intended to be or are derived from such franchise.Source  Laws 1978, LB 202, § 3.
NE Code § 87-405 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-405 - Franchisee; transfer, assign, or sell franchise or interest therein; notice; contents; franchisor; approval required.

87-405.  Franchisee; transfer, assign, or sell franchise or interest therein; notice; contents; franchisor; approval required.It shall be a violation of sections 87-401 to 87-410 for any franchisee to transfer, assign or sell a franchise or interest therein to another person unless the franchisee shall first notify the franchisor of such intention by written notice by certified mail setting forth in the notice of intent the prospective transferee's name, address, statement of financial qualification and business experience during the previous five years. The franchisor shall within sixty days after receipt of such notice either approve in writing to the franchisee such sale to the proposed transferee, or by written notice advise the franchisee of the unacceptability of the proposed transferee setting forth material reasons relating to the character, financial ability or business experience of the proposed transferee. If the franchisor does not reply within the specified sixty days, his approval is deemed granted. No such transfer, assignment or sale shall be valid unless the transferee agrees in writing to comply with all the requirements of the franchise then in effect.Source  Laws 1978, LB 202, § 5.
NE Code § 87-406 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-406 - Prohibited practices; enumerated.

87-406.  Prohibited practices; enumerated.It shall be a violation of sections 87-401 to 87-410 for any franchisor, directly or indirectly, through any officer, agent or employee, to engage in any of the following practices:(1) To require a franchisee at the time of entering into a franchise arrangement to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by sections 87-401 to 87-410;(2) To prohibit directly or indirectly the right of free association among franchisees for any lawful purpose;(3) To require or prohibit any change in management of any franchisee unless such requirement or prohibition of change shall be for good cause, which cause shall be stated in writing by the franchisor;(4) To restrict the sale of any equity or debenture issue or the transfer of any securities of any franchisee or in any way prevent or attempt to prevent the transfer, sale, or issuance of shares of stock or debentures to employees, personnel of the franchisee, or heirs of the principal owner, as long as basic financial requirements of the franchisor are complied with and any such sale, transfer, or issuance does not have the effect of accomplishing a sale of the franchise;(5) To impose unreasonable standards of performance upon a franchisee; and(6) To provide any term or condition in any lease or other agreement ancillary or collateral to a franchise, which term or condition directly or indirectly violates sections 87-401 to 87-410.Source  Laws 1978, LB 202, § 6.
NE Code § 87-407 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-407 - Sections; applicability.

87-407.  Sections; applicability.Sections 87-401 to 87-410 shall not apply to franchises which are subject to any other statute of this state.Source  Laws 1978, LB 202, § 7.
NE Code § 87-408 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-408 - Action by franchisee; defense.

87-408.  Action by franchisee; defense.It shall be a defense for a franchisor, to any action brought under sections 87-401 to 87-410 by a franchisee, if it be shown that such franchisee has failed to substantially comply with requirements imposed by the franchise and other agreements ancillary or collateral thereto.Source  Laws 1978, LB 202, § 8.
NE Code § 87-409 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-409 - Franchisee; action to recover damages; injunction; costs.

87-409.  Franchisee; action to recover damages; injunction; costs.Any franchisee may bring an action against its franchisor for violation of sections 87-401 to 87-410 to recover damages sustained by reason of any violation of sections 87-401 to 87-410 and, when appropriate, shall be entitled to injunctive relief. The prevailing party in any action brought pursuant to this section shall be entitled to the costs of the action including but not limited to reasonable attorney's fees.Source  Laws 1978, LB 202, § 9.
NE Code § 87-410 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-410 - Act, how cited.

87-410.  Act, how cited.Sections 87-401 to 87-410 shall be known and may be cited as the Franchise Practices Act.Source  Laws 1978, LB 202, § 10.
NE Code § 87-411 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-411 - Motor fuel franchises; death of franchisee; effect.

87-411.  Motor fuel franchises; death of franchisee; effect.(1) Any franchise agreement relating to the distribution or retail sale of motor fuels and any agreement for the lease of real or personal property which is part of any such franchise agreement shall terminate upon the death of the franchisee. However, a one-year trial lease and franchise agreement shall be granted by such franchisor to the franchisee's designated and qualified successor in interest if:(a) The franchisee has provided the franchisor with written notice of the designation of a qualified successor in interest at least six months prior to the death of the franchisee. Such notice shall be on a form prescribed by the franchisor and made available to the franchisee at the franchisee's request; and(b) The franchisee has been a franchisee of the same franchisor with whom he or she has a valid franchise agreement at the time of his or her death for a period of at least five consecutive years prior to his or her death.(2) For purposes of sections 87-411 to 87-414, successor in interest shall be restricted to a surviving spouse, adult child, brother, sister, or parent of the franchisee who, at the time of the franchisee's death, meets reasonable qualifications then being required of franchisees by the franchisor.(3) Unless otherwise specifically provided in this section, actions to be performed by the franchisor or by the successor in interest under sections 87-411 to 87-414 shall be performed within a reasonable time.Source   Laws 1985, LB 700, § 1;   Laws 1994, LB 1160, § 123;   Laws 1995, LB 182, § 67.
NE Code § 87-412 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-412 - Designation of successor in interest; rights; notice of election to operate franchise.

87-412.  Designation of successor in interest; rights; notice of election to operate franchise.A franchisee may designate one primary and one alternate successor in interest. The alternate, if one is designated, shall have no rights under sections 87-411 to 87-414 if the primary successor in interest exercises his or her rights under sections 87-411 to 87-414. If an alternate desires to assume and operate the franchise in the event the primary successor in interest fails to do so, the alternate shall give notice of such election within forty-five days after the death of the franchisee and shall comply with sections 87-411 to 87-414.Source  Laws 1985, LB 700, § 2.
NE Code § 87-413 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-413 - Successor in interest; trial lease and franchise agreement; procedure.

87-413.  Successor in interest; trial lease and franchise agreement; procedure.(1) Upon meeting the reasonable qualifications referred to in section 87-411, the successor in interest shall be entitled to enter into a one-year trial lease and franchise agreement with the franchisor as provided by the Petroleum Marketing Practices Act, 15 U.S.C. 2801.(2) The primary successor in interest shall have twenty-one days after the death of the franchisee to give written notice of an election to enter into the trial lease and franchise. The notification shall contain such information regarding business experience and credit worthiness as is reasonably required by the franchisor.(3) If the successor in interest assumes the franchise, the successor in interest shall account to the heirs or estate of the deceased franchisee for the value of personal property of the franchisee located at or related to the franchise.Source  Laws 1985, LB 700, § 3.
NE Code § 87-414 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-414 - Applicability of sections.

87-414.  Applicability of sections.Sections 87-411 to 87-414 shall apply to franchise agreements existing on and those executed or renewed on or after September 6, 1985.Source  Laws 1985, LB 700, § 4.
NE Code § 87-501 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-501 - Act, how cited.

87-501.  Act, how cited.Sections 87-501 to 87-507 shall be known and may be cited as the Trade Secrets Act.Source  Laws 1988, LB 337A, § 1.
NE Code § 87-502 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-502 - Terms, defined.

87-502.  Terms, defined.As used in the Trade Secrets Act, unless the context otherwise requires:(1) Improper means shall mean theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;(2) Misappropriation shall mean:(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:(i) Used improper means to acquire knowledge of the trade secret;(ii) At the time of the disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:(A) Derived from or through a person who had utilized improper means to acquire it;(B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or(C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or(iii) Before a material change of his or her position, knew or had reason to know that the information was a trade secret and that knowledge of it had been acquired by accident or mistake;(3) Person shall mean a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; and(4) Trade secret shall mean information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that:(a) Derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.Source   Laws 1988, LB 337A, § 2;   Laws 1993, LB 121, § 560. Annotations  Under this section, a recipe can be considered a trade secret. Magistro v. J. Lou, Inc., 270 Neb. 438, 703 N.W.2d 887 (2005). A customer list can be included in the definition of a trade secret under this section. Home Pride Foods v. Johnson, 262 Neb. 701, 634 N.W.2d 774 (2001).
NE Code § 87-503 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-503 - Misappropriation; injunction; royalty; affirmative acts.

87-503.  Misappropriation; injunction; royalty; affirmative acts.(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances shall include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or having reason to know of the misappropriation that renders a prohibitive injunction inequitable.(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.Source  Laws 1988, LB 337A, § 3.
NE Code § 87-504 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-504 - Misappropriation; damages.

87-504.  Misappropriation; damages.Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or having reason to know of the misappropriation renders a monetary recovery inequitable, a complainant shall be entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.Source  Laws 1988, LB 337A, § 4.
NE Code § 87-505 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-505 - Court proceedings; preserve secrecy.

87-505.  Court proceedings; preserve secrecy.In an action under the Trade Secrets Act, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include, but not be limited to, granting protective orders in connection with discovery proceedings and ordering nondisclosure of the alleged trade secret by the parties' attorneys, witnesses, or experts. The disclosure or publication of a trade secret in a court proceeding or as a result thereof shall not constitute an abandonment of the secret.Source  Laws 1988, LB 337A, § 5.
NE Code § 87-506 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-506 - Statute of limitation.

87-506.  Statute of limitation.An action for misappropriation shall be brought within four years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this section, a continuing misappropriation shall constitute a single claim.Source  Laws 1988, LB 337A, § 6.
NE Code § 87-507 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-507 - Applicability of act.

87-507.  Applicability of act.The Trade Secrets Act shall not apply to any misappropriation occurring prior to July 9, 1988. With respect to a continuing misappropriation that began prior to July 9, 1988, such act also shall not apply to the continuing misappropriation that occurs after such date.Source  Laws 1988, LB 337A, § 7. Annotations Although Nebraska’s Trade Secrets Act is based on the Uniform Trade Secrets Act, Nebraska’s definition of a trade secret differs significantly from the uniform act. If an alleged trade secret is ascertainable at all by any means that are not “improper,” the would be secret is peremptorily excluded from coverage under Nebraska’s act. First Express Servs. Group v. Easter, 286 Neb. 912, 840 N.W.2d 465 (2013).
NE Code § 87-601 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-601 - Act, how cited.

87-601.  Act, how cited.Sections 87-601 to 87-610 shall be known and may be cited as the Invention Development Services Disclosure Act.Source  Laws 1991, LB 96, § 1.
NE Code § 87-602 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-602 - Terms, defined.

87-602.  Terms, defined.For purposes of the Invention Development Services Disclosure Act:(1) Contract for invention development services shall mean a contract by which an invention developer undertakes invention development services for a customer;(2) Customer shall mean any person, firm, partnership, limited liability company, corporation, or other entity that enters into a contract for invention development services, except any firm, limited liability company, corporation, or other entity, other than a natural person, purchasing invention development services as an adjunct to the traditional commercial enterprises in which it engages as a livelihood;(3) Invention shall mean a discovery, process, machine, design, formulation, product, concept, or idea, or any combination thereof, whether patentable or not;(4) Invention developer shall mean any person, firm, partnership, limited liability company, or corporation and any agent, employee, officer, partner, member, or independent contractor thereof who offers to perform or performs for a customer any invention development services. Invention developer shall not include:(a) Any department or agency of the federal, state, or local government;(b) Any nonprofit, charitable, scientific, or educational organization described in section 170(b)(1)(A) of the Internal Revenue Code;(c) Any attorney acting within the scope of the attorney's professional license;(d) Any person duly registered before the United States Patent and Trademark Office acting within the scope of that person's professional license; or(e) Any person, firm, limited liability company, corporation, association, or other entity that does not charge a fee for invention development services other than any payment made from a portion of the income received by a customer by virtue of such acts performed by such entity. For purposes of this subdivision, fee shall include any payment made by the customer to such entity including reimbursement for expenditures made or costs incurred by such entity; and(5) Invention development services shall mean any act involved in the evaluation of an invention for commercial potential and the marketing, brokering, or promoting of such an invention done by or for an invention developer for the purpose of procuring a licensee or buyer for an intellectual property right in the invention.Source   Laws 1991, LB 96, § 2;   Laws 1993, LB 121, § 561;   Laws 1995, LB 574, § 92.
NE Code § 87-603 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-603 - Contract for invention development services; requirements; option to terminate.

87-603.  Contract for invention development services; requirements; option to terminate.(1) Every contract for invention development services shall be in writing and shall be subject to the Invention Development Services Disclosure Act. A copy of the written contract shall be given to the customer at the time he or she signs the contract.(2) If it is the invention developer's normal practice to seek more than one contract in connection with an invention or if the invention developer normally seeks to perform services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, the invention developer shall so state in writing at the time the customer signs the first contract and shall supply to the customer such writing together with a written summary of the developer's normal terms, if any, of such subsequent contracts, including the approximate amount of the developer's normal fees or other consideration, if any, that may be required from the customer.(3) Notwithstanding any contractual provision to the contrary, no payment for invention development services shall be required, made, or received until three business days after the date on which the customer receives a copy of the contract for invention development services signed by the invention developer and the customer. Delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind to the invention developer or to a third party for the benefit of the invention developer, irrespective of the date or dates appearing in such instrument, shall be deemed payment for the purpose of this section.(4) The parties to a contract for invention development services shall have the option to terminate the contract until payment is made. The customer may exercise the option by refraining from making payment to the invention developer. The invention developer may exercise the option to terminate by giving to the customer a written notice of its exercise of the option, which written notice shall become effective upon receipt by the customer.Source  Laws 1991, LB 96, § 3.
NE Code § 87-604 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-604 - Contract for invention development services; cover sheet; contents; invention developer; duties.

87-604.  Contract for invention development services; cover sheet; contents; invention developer; duties.(1) Every contract for invention development services shall have a conspicuous and legible cover sheet attached with the following notice printed thereon in boldface of at least ten-point type:THIS CONTRACT BETWEEN YOU AND AN INVENTION DEVELOPER IS REGULATED BY THE INVENTION DEVELOPMENT SERVICES DISCLOSURE ACT. YOU ARE NOT PERMITTED OR REQUIRED TO MAKE ANY PAYMENTS UNDER THIS CONTRACT UNTIL THREE BUSINESS DAYS AFTER YOU SIGN THIS CONTRACT AND RECEIVE A COMPLETED COPY OF IT.IF YOU ASSIGN EVEN A PARTIAL INTEREST IN THE IDEA OR INVENTION TO THE INVENTION DEVELOPER, THE INVENTION DEVELOPER MAY HAVE THE RIGHT TO SELL OR DISPOSE OF THE IDEA OR INVENTION WITHOUT YOUR CONSENT AND MAY NOT HAVE TO SHARE THE PROFITS WITH YOU.THE TOTAL NUMBER OF CUSTOMERS WHO HAVE CONTRACTED WITH THE INVENTION DEVELOPER SINCE ..(date).. IS ............. . THE TOTAL NUMBER OF CUSTOMERS KNOWN BY THIS INVENTION DEVELOPER TO HAVE RECEIVED, BY VIRTUE OF THIS INVENTION DEVELOPER'S PERFORMANCE, AN AMOUNT OF MONEY IN EXCESS OF THE AMOUNT PAID BY THE CUSTOMER TO THIS INVENTION DEVELOPER IS .............. .THIS CONTRACT DOES NOT PROVIDE ANY PATENT, COPYRIGHT, OR TRADEMARK PROTECTION FOR YOUR IDEA OR INVENTION. YOU ARE ENCOURAGED TO CONSULT WITH A QUALIFIED ATTORNEY BEFORE SIGNING THIS CONTRACT. BY PROCEEDING WITHOUT THE ADVICE OF A QUALIFIED ATTORNEY, YOU COULD LOSE ANY RIGHTS YOU MIGHT HAVE IN YOUR IDEA OR INVENTION.(2) The invention developer shall complete the cover sheet with the proper information to be provided in the blanks. The invention developer shall insert in the first blank the date the invention developer began business or September 6, 1991, whichever is later. The numbers to be inserted in the last two blanks may be rounded to the nearest one hundred and do not need to include those who have contracted within the three immediately preceding calendar months or parts thereof. If the number to be inserted in the third blank is zero, it shall be so stated.(3) The cover sheet shall only contain the information required by this section and the name, primary office address, and local office address of the invention developer.Source  Laws 1991, LB 96, § 4.