Market Potential for Franchising in Africa
Several African countries are demonstrating that they have the market size, growth, opportunities, and developing laws to support franchise development that would be attractive to forward-thinking, established franchisors and entrepreneurs looking for new investments.
Features
Franchise Leaders Reflect on Period of Rapid Change
Disruptive technologies, new expectations from franchisees, tight profit margins, and limited access to capital for growth are among the issues challenging franchisors these days. Franchise attorneys must position themselves to help franchisors overcome those issues, or they will be marginalized as business leaders move forward, observed panelists at the International Franchise Association's 44th Annual Legal Symposium, held in May in Washington, DC.
SharePoint and Discovery Collide
Imagine if that same lawyer and IT professional could turn back time to the late 90s and come up with a solid policy to govern how e-mail was created, stored and disposed of that not only satisfied the legal requirements, but was also enforceable from an IT perspective. That is where we are right now with SharePoint. Have we learned a lesson?
Minimizing Client and Internal Pushback on Soft-Cost Recovery
The recovery of costs directly attributable to a client over and above the fees being charged is a common practice in the legal industry. The justification behind the practice was that clients' generated expenses were above and beyond overhead expenses and were directly attributable to the individual, as they were not included in the hourly rate charged by the firm.
IP News
Highlights of the latest intellectual property news from around the country.
Features
A Turning Point?
Since its decision in <i>BMC Resources, Inc. v. Paymentech, L.P.</i>, the Federal Circuit has continued to raise the bar for direct infringement of a method claim where the claimed steps are performed by different entities.
Prometheus and Patentable Subject Matter Under 35 U.S.C. ' 101
The recent protracted dispute between Prometheus Laboratories and Mayo Collaborative Services has shed some light on the post-<i>Bilski</i> threshold for patent eligibility under 35 U.S.C. § 101.
Customs and Border Protection Trademark Letter Rulings: A Valuable and Underused Tool?
Customs and Border Protection service ("CPB"), part of the Department of Homeland Security, offers interested parties the right to request letter rulings ' advisory opinions about contemplated imports.
Features
Tax Issues in Employment Mediations
There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.
Features
Attorney-Client Privilege and Cross-Border Investigations
How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?
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MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›