For companies of all sizes, the decisions made in the boardroom will affect how they operate and may ultimately determine success or failure. Whether in response to legislation or good business sense, the use of forensic accountants at the boardroom level will become more prevalent as management responds to the pressures for establishing controls aimed at preventing fraud.
There is no doubt that current economic conditions are more challenging and unpredictable than ever. Those organizations that can muster the courage and the fortitude for incremental change can make huge strides in enhancing their agility and competitive advantage, particularly in times when the going gets tough for everyone.
It was no surprise to find an increased number of franchisors at the International Franchise Expo in Washington, DC, in April, and to find them determined to prosper even when the U.S. and world economies are struggling.
The filing of a complaint by a Pennsylvania lawyer against the operators of an online virtual world, and last year's decision by a Pennsylvania federal district court in that case, Bragg v. Linden Research Inc., has generated a great deal of interest in the media and among lawyers, as well as in the virtual world community. The attention has gone well beyond that which the decision would have garnered if it had not involved a virtual world and virtual property, given that it simply found an arbitration clause in a terms-of-service agreement to be unconscionable and therefore unenforceable. It is clear, however, that the case reflects the growth of real-life litigation over virtual-world property. Undoubtedly, as participation in virtual worlds increases, real-life lawsuits will be growing in number, too.
Despite the positive economic conditions and the demand for international brands, the Indian legal framework still raises some barriers to international business. The Indian government has the delicate task of balancing what is perceived to be in the interest of local businesses and those of foreign investors.
In LaRue v. Dewolff, Boberg & Associates, Inc., the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.
Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.
Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.
The Appellate Court of Illinois decided that a license to use the trademark 'March Madness' 'to advertise, promote, and sell publications, videos, and media broadcasts' included the right to deliver on-demand video content to mobile wireless devices.
With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.
