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Seeking Financial Agility in the Face of Rapid Business Change: Survey Links Key Finance Challenges to Major Budgeting Pitfalls Image

Seeking Financial Agility in the Face of Rapid Business Change: Survey Links Key Finance Challenges to Major Budgeting Pitfalls

William A. Soward

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.

Features

From the International Franchise Expo: Optimism Overshadows Recession Image

From the International Franchise Expo: Optimism Overshadows Recession

Kevin Adler

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.

Features

Where the Law Stands On Virtual Property Image

Where the Law Stands On Virtual Property

Shari Claire Lewis

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, <i>Bragg v. Linden Research Inc.</i>, 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.

Features

India: The International Hotspot -- Franchising Goes East Image

India: The International Hotspot -- Franchising Goes East

Graeme Payne & Lisa Sen

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.

Features

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World Image

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World

Stuart Sirkin & Christa Haas Bierma

In <i>LaRue v. Dewolff, Boberg &amp; Associates, Inc.,</i> the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.

Features

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden Image

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden

Paul Hodnefield

Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.

Features

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls Image

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

G. Thomas Stromberg & Justin Rawlins

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.

Features

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery Image

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery

ALM Staff & Law Journal Newsletters

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.

Features

e-Commerce Meets American Idol Image

e-Commerce Meets American Idol

Stanley P. Jaskiewicz

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.

Features

Take Caution Before Transferring Portions of a Project (Especially to Affiliates) Image

Take Caution Before Transferring Portions of a Project (Especially to Affiliates)

Xavier L. Gutierrez

Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.

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