The Case for the Court to Promulgate a Standing Order
There are certain actions that clients cannot take without court permission, and if done, these clients will be sanctioned by the court. But explaining these ground rules to a client often creates an adversarial relationship between the client and his or her attorney.
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Arbitration Provisions Continue to Make Waves
In a recent presentation, Nixon Peabody LLP attorneys Gregg Rubenstein and Diana Vilmenay discussed arbitration-related litigation in light of <i>AT&T Mobility LLC v. Concepcion and Stolt-Nielsen S.A. v. AnimalFeeds International Corp.</i>, decided by the Supreme Court in April 2010.
Features
To File Jointly or Not to File Jointly? That Is the Question
Joint tax returns, while financially beneficial from a tax perspective, may lead to significant problems once litigation ensues. Here's why.
Drafting the Right Franchise Agreement
Drafting the right franchise agreement for your client starts with the development of a franchise plan that establishes the framework of the franchise system. This article sets forth key considerations for such a plan.
Features
New Laws in Texas Address Financial Matters
On June 17, Gov. Rick Perry, R-TX, signed into law two bills of keen interest to family lawyers in that state. They address spousal maintenance and fraud on the community estate.
Features
How to Deal with the Distribution of Intellectual Property Assets in Divorce
When a Supporting Spouse and a Creative Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" that the Creative Spouse created during the marriage.
Focus on 5,911,663 Clients
Most law firm marketing focuses on a tiny slice of the market, on companies with 500 or more employees. Yet, these large companies comprise a mere 0.31% of all companies in the U.S.
Features
Client Speak: Client Feedback ' Best Practices
Part One of this article listed the nine components of the How best practices. It then went on to describe the first four; the remaining five are described herein.
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- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
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- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›