In 2007, we learned a lot from myriad authors and our fabulous regular columnists. As with past practice, I am going to give our readership the pleasure of having the opportunity to enjoy reading one article from each of the past 12 months. In this issue we will feature January up to and including July. The February issue will continue highlighting one article from each of the August to December issues.
Part One of this series discussed subleasing from the perspective of the Prime Landlord. This second installment addresses the issue from the Sublandlord's perspective.
In this month's installment, we focus on some of the special issues facing equipment leasing as a result of the Supreme Court's decision in United States v. Atlantic Research Corporation. We recommend some steps in order to address the increased litigation and liability risks facing owners and lessors of equipment, risks that few have addressed.
Shari'ah or Islamic-compliant financing is gaining a foothold in international finance transactions. This article provides an overview to equipment finance professionals as to certain opportunities that may exist within this market for both increasing customer base and obtaining sources of capital.
On the strength of a substantial body of real-world experience with arbitration as a dispute-resolution norm, many franchisors are asking whether their dogged pursuit of arbitration was actually a mistake.
For franchisors who do business consistent with a few critical (and largely common-sense) rules, freedom from excessive lawsuits and from truly damaging litigation results is not out of reach.
The track to the CEO's office has changed as the key determinants of competitive advantage have changed. Over the past few years, sales, marketing, engineering, and most recently, finance have serially been the corporate lines through which proto-CEOs have risen through the ranks. With intangibles now providing the competitive advantage, perhaps the next trend in CEO-spotting will take place in the IP suite.
Recent occurrences in this important area.
Sacred cows make great steaks, as one wit quipped. The usual way of doing things is being stood on its head and, in the realm of medical malpractice claims at least, is being replaced in many cases by fresh approaches and claim resolution templates. Specifically, historical norms of adversarial claim approaches are being supplanted by 'apology programs,' which receive increasing interest and publicity.
People injured by a drug or medical device often sue not only their medical caregivers and the hospitals where the devices were implanted, but also the drug or device's manufacturers. Smart move, but there may be other avenues for recovery that should be explored. There are many players in the process that brings a drug or device to the market, and it may prove valuable to question whether any of these had a role in causing the claimant's injury and whether they can be reached for recovery.
