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Successful Mediation Tactics and Strategies
Whether mediation is voluntary or mandatory, and whether it's court-ordered or required by the franchise agreement, franchisors will sooner or later find themselves mediating a dispute with a disgruntled franchisee. A session at the International Franchise Association's 45th Annual Legal Symposium on May 20-22 in Washington, DC, addressed the key issues that franchise attorneys should consider prior to and during a mediation.
Perhaps the most important benefit of mediation is the degree of control afforded to the parties in the dispute, observed Gretchen Jankowski, shareholder with Buchanan Ingersoll & Rooney PC (Pittsburgh), who was the moderator for the panel discussion. In a mediation, both parties can avoid the uncertainty, the “black box” of a courtroom in which decisions are out of the parties' control. “Any time a court makes the final decision, whether after trial or motion practice, someone other than the client is the decision maker,” she said.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.