Chapter 87 — TRADE PRACTICES
202 sections in this chapter.
Neb. Rev. Stat. § 87-403 Franchise; sections, applicable; when.
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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 c…
Neb. Rev. Stat. § 87-404 Franchise; termination, cancellation, or failure to renew; notice; when; good cause; noncompete agreement; reform; when; franchisor; duties.
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(1) It shall be a violation of the Franchise Practices Act for any franchisor directly or indirectly through any officer, agent, or employee to terminate, cancel, or fail to renew a franchise without having first given written notice setting forth all the reasons for such termina…
Neb. Rev. Stat. § 87-405 Franchisee; transfer, assign, or sell franchise or interest therein; notice; contents; franchisor; approval required.
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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…
Neb. Rev. Stat. § 87-406 Prohibited practices; enumerated.
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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 re…
Neb. Rev. Stat. § 87-407 Sections; applicability.
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Sections 87-401 to 87-410 shall not apply to franchises which are subject to any other statute of this state.
Neb. Rev. Stat. § 87-408 Action by franchisee; defense.
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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.
Neb. Rev. Stat. § 87-409 Franchisee; action to recover damages; injunction; costs.
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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 act…
Neb. Rev. Stat. § 87-410 Act, how cited.
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Sections 87-401 to 87-410 shall be known and may be cited as the Franchise Practices Act.
Neb. Rev. Stat. § 87-411 Motor fuel franchises; death of franchisee; effect.
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(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 …
Neb. Rev. Stat. § 87-412 Designation of successor in interest; rights; notice of election to operate franchise.
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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 altern…
Neb. Rev. Stat. § 87-413 Successor in interest; trial lease and franchise agreement; procedure.
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(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…
Neb. Rev. Stat. § 87-414 Applicability of sections.
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Sections 87-411 to 87-414 shall apply to franchise agreements existing on and those executed or renewed on or after September 6, 1985.
Neb. Rev. Stat. § 87-501 Act, how cited.
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Sections 87-501 to 87-507 shall be known and may be cited as the Trade Secrets Act.
Neb. Rev. Stat. § 87-502 Terms, defined.
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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 mea…
Neb. Rev. Stat. § 87-503 Misappropriation; injunction; royalty; affirmative acts.
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(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 …
Neb. Rev. Stat. § 87-504 Misappropriation; damages.
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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 incl…
Neb. Rev. Stat. § 87-505 Court proceedings; preserve secrecy.
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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 t…
Neb. Rev. Stat. § 87-506 Statute of limitation.
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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.
Neb. Rev. Stat. § 87-507 Applicability of act.
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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.
Neb. Rev. Stat. § 87-601 Act, how cited.
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Sections 87-601 to 87-610 shall be known and may be cited as the Invention Development Services Disclosure Act.
Neb. Rev. Stat. § 87-602 Terms, defined.
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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…
Neb. Rev. Stat. § 87-603 Contract for invention development services; requirements; option to terminate.
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(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 …
Neb. Rev. Stat. § 87-604 Contract for invention development services; cover sheet; contents; invention developer; duties.
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(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 DEV…
Neb. Rev. Stat. § 87-605 Contract for invention development services; written report; contents.
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With respect to every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract, at least at quarterly intervals throughout the term of the contract, a written report which identifies the contract a…
Neb. Rev. Stat. § 87-606 Contract for invention development services; contents.
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Every contract for invention development services shall set forth in boldface of at least ten-point type the following: (1) The terms and conditions of payment and contract termination rights required by section 87-603; (2) A full, clear, and concise description of the specific a…
Neb. Rev. Stat. § 87-607 Contract for invention development services; voidable; when; civil action authorized; additional amount distributed to common schools; when; rebuttable presumption.
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(1) Any contract for invention development services which does not substantially comply with the Invention Development Services Disclosure Act shall be voidable at the option of the customer. Any contract for invention development services entered into in reliance upon any false,…
Neb. Rev. Stat. § 87-608 Attorney General; enforcement duties; civil penalty.
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(1) For purposes of enforcing the Invention Development Services Disclosure Act, the Attorney General may conduct investigations, hold hearings, and compel the attendance of witnesses and the production of accounts, books, and documents by the issuance of subpoenas. (2) The Attor…
Neb. Rev. Stat. § 87-609 Invention developer; bond; filings required; fees.
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(1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company holding a certificate of authority to transact business in this state, the principal sum of which shall not be less than twe…
Neb. Rev. Stat. § 87-610 Remedies; not exclusive.
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Nothing in the Invention Development Services Disclosure Act shall limit any obligations, rights, or remedies that might otherwise be applicable or available under the law of this state.
Neb. Rev. Stat. § 87-701 Act, how cited.
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Sections 87-701 to 87-711 shall be known and may be cited as the Equipment Business Regulation Act.
Neb. Rev. Stat. § 87-702 Legislative findings.
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The Legislature finds that the retail distribution and sales of agricultural and industrial equipment utilizing independent retail businesses operating under agreements with manufacturers, wholesalers, and distributors of such equipment vitally affect the general economy, public …
Neb. Rev. Stat. § 87-703 Terms, defined.
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For purposes of the Equipment Business Regulation Act: (1) Continuing commercial relationship shall mean a relationship in which a dealer has been granted the right to sell and service equipment manufactured by a supplier; (2) Controlling interest shall mean a combination of owne…
Neb. Rev. Stat. § 87-704 Prohibited acts.
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It shall be a violation of the Equipment Business Regulation Act for a supplier: (1) To require a dealer to accept delivery of equipment, repair parts, or attachments that the dealer has not voluntarily ordered; (2) To require a dealer to order or accept delivery of equipment wit…
Neb. Rev. Stat. § 87-705 Dealer agreement; terminate, cancel, or not renew; notice; sale or transfer; duties of supplier.
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(1) A supplier shall be deemed to have good cause to terminate, cancel, or not renew a dealer agreement when a dealer: (a) Has transferred a controlling interest in the dealership without the supplier's consent; (b) Has made a material misrepresentation to the supplier; (c) Has f…
Neb. Rev. Stat. § 87-706 Repair parts; returns; duties of supplier.
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(1) A supplier shall provide for the availability of repair parts throughout the reasonable useful life of any equipment sold. (2) A supplier shall at least annually provide dealers an opportunity to return surplus repair parts for credit without restrictions as follows: (a)(i) T…
Neb. Rev. Stat. § 87-707 Termination of dealer agreement; supplier and dealer; rights and duties; liability.
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(1) Whenever any dealer enters into a dealer agreement with a supplier in which the dealer agrees to maintain an inventory of equipment, attachments, or repair parts and the dealer agreement is subsequently terminated, the supplier shall: (a) Repurchase the inventory by: (i) Payi…
Neb. Rev. Stat. § 87-708 Death or incapacity of dealer; heirs or personal representative; rights and remedies.
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(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heirs at law if the dealer or majority stockholder died intestate or the personal representative under the terms of…
Neb. Rev. Stat. § 87-709 Dealer agreement; void and unenforceable; when; violations; remedies.
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(1) A term of a dealer agreement which is inconsistent with the terms of the Equipment Business Regulation Act is contrary to public policy and is void and unenforceable and shall not waive any rights which are provided to a person by the act. (2) A dealer may bring an action aga…
Neb. Rev. Stat. § 87-710 Obligations; applicability to successors.
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The obligations of any supplier pursuant to the Equipment Business Regulation Act shall apply to any successor in interest of a supplier, including any purchaser of assets or stock, any surviving corporation resulting from merger, liquidation, or reorganization, any assignee, any…
Neb. Rev. Stat. § 87-711 Act; applicability.
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The Equipment Business Regulation Act shall apply to all dealer agreements in effect on May 2, 1991, which have no expiration date and are continuing agreements and to all dealer agreements entered into or renewed on or after May 2, 1991. Any dealer agreement in effect on May 2, …
Neb. Rev. Stat. § 87-801 Act, how cited.
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Sections 87-801 to 87-808 shall be known and may be cited as the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006.
Neb. Rev. Stat. § 87-802 Terms, defined.
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For purposes of the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006: (1) Breach of the security of the system means the unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity o…
Neb. Rev. Stat. § 87-803 Breach of security; investigation; notice to resident; notice to Attorney General.
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(1) An individual or a commercial entity that conducts business in Nebraska and that owns or licenses computerized data that includes personal information about a resident of Nebraska shall, when it becomes aware of a breach of the security of the system, conduct in good faith a …
Neb. Rev. Stat. § 87-804 Compliance with notice requirements; manner.
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(1) An individual or a commercial entity that maintains its own notice procedures which are part of an information security policy for the treatment of personal information and which are otherwise consistent with the timing requirements of section 87-803, is deemed to be in compl…
Neb. Rev. Stat. § 87-805 Waiver; void and unenforceable.
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Any waiver of the provisions of the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006 is contrary to public policy and is void and unenforceable.
Neb. Rev. Stat. § 87-806 Attorney General; powers; violation; how treated.
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(1) For purposes of the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006, the Attorney General may issue subpoenas and seek and recover direct economic damages for each affected Nebraska resident injured by a violation of section 87-803. (2)…
Neb. Rev. Stat. § 87-807 Act; applicability.
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The Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006 applies to the discovery of or notification pertaining to a breach of the security of the system that occurs on or after July 14, 2006.
Neb. Rev. Stat. § 87-808 Security procedures and practices; disclosure of computerized data; contract provisions; compliance.
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(1) To protect personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure, an individual or a commercial entity that conducts business in Nebraska and owns, licenses, or maintains computerized data that includes personal information …
Neb. Rev. Stat. § 87-901 Act, how cited.
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Sections 87-901 to 87-904 shall be known and may be cited as the Genetic Information Privacy Act.
Neb. Rev. Stat. § 87-902 Terms, defined.
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For purposes of the Genetic Information Privacy Act: (1) Biological sample means any material part of a human being, discharge therefrom, or derivative thereof, such as tissue, blood, urine, or saliva, known to contain DNA; (2) Consumer means an individual who is a resident of Ne…