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Commercial Law

  • Valuation of a sponsorship opportunity is much more art than science and it is important that a lawyer involved in the negotiation of a sponsorship agreement understand how the various factors interrelate. While this article focuses on the factors affecting the valuation of a sponsorship opportunity with a NASCAR race team, most of the factors can be applied to sponsorship opportunities in other sports as well.

    May 29, 2009Matthew B. Efird
  • Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.

    May 28, 2009Michael Lear-Olimpi
  • Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.

    May 28, 2009Stanley P. Jaskiewicz
  • Highlights of the latest franchising cases from around the country.

    May 28, 2009Cynthia M. Klaus and Meredith A. Bauer
  • In Parktown Imports, Inc. v. Audi of Amer., Inc., the Missouri Supreme Court "fixed" an appellate court decision that could have set a precedent with potentially serious implications for automobile manufacturers and other franchisors or distributors because it would have allowed actions to block network changes on a mere claim of "bad faith," even when there is no standing to bring suit under a specific provision governing network changes.

    May 28, 2009Douglas M. Mansfield and J. Todd Kennard
  • In Kerusa LLC v. W10Z/515 Real Estate Limited Partnership, the Court of Appeals resolved a question that has plagued the Appellate Divisions over the past several years: May a co-op or condominium purchaser prevail on a common law fraud claim based on material omissions from offering plan amendments mandated by the Martin Act?

    May 27, 2009Stewart E. Sterk
  • Matrimonial and family law attorneys who only try divorce and custody cases know that all issues besides the grounds for divorce are tried before the court without a jury. In such cases, the rules of evidence are often relaxed. While this can make for a more straightforward presentation of evidence, it can also leave family practice lawyers unfamiliar with new or little used rules of evidence. This article discusses some of those important rules.

    May 27, 2009Bari Brandes Corbin and Evan B. Brandes
  • News that may impact your practice.

    May 27, 2009ALM Staff | Law Journal Newsletters |
  • In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.

    May 27, 2009Janice G. Inman