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.
Media & Communications Corner: Breaking Down the Media Database Market
If you are in marketing/public relations, you know media databases are invaluable tools when it comes to doing business. But you're probably equally aware that nothing in life is perfect, especially these online media lists.
Features
Career Journal: Interview Training Camp
In the arenas where legal marketing professionals play, like in football stadiums, superior performance comes from consistent conditioning and repeated, flawless execution.
Copyright and Fair Use in Legal Proceedings
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
Estimated e-Commerce Retailing ' And Total ' Are Up Again
Figures released last month put estimated U.S. retail e-commerce sales for the second quarter ' adjusted for seasonal variation, but not for price changes ' at $47.5 billion, an increase of 3 percent from the first quarter.
The Era of 'Long Distance Clients' Has Arrived
We have entered a world where it is commonplace for attorney and client to work in different time zones. And, as attorneys increasingly compete for business in a wider marketplace, there will be a fundamental shift in how law firms operate ' and develop business.
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MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›