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Federal Appellate Court Says Franchisor's Claims Belong in Federal System

J. Todd Kennard

The U.S. Court of Appeals for the Fourth Circuit recently reversed a district court's dismissal of a franchisor's claims, notwithstanding the fact that the franchisor submitted a summary judgment filing that requested less in money damages than the $75,000 referenced in Section 1332(a) of Title 28 of the United States Code.

Features

NLRB Action in the Age of Facebook

Brian Herman

Questions of discoverability in litigation of social media interactions are constantly evolving. A look at a recent, disturbing case.

Retargeting Keyword Ads for Potential New Uses

Jonathan E. Moskin

Keyword advertising should be seen as simply one band on the spectrum of online advertising by franchisors and others to promote their brands. Much of that spectrum is now occupied by various types of behavioral advertising, in which advertisers can track conduct of users on the Internet to deliver advertising targeted to a user profile or recent Internet activity. Viewed in this light, a perhaps greater concern to brand owners than the types of sponsored links served by search engines are new opportunities for use of keywords to retarget advertising based on behavioral patterns of Internet users and in manners almost impossible to monitor.

Law Department Highlights, Trends and Myths

Daniel J. DiLucchio

For the 11th consecutive year, Altman Weil has conducted a Chief Legal Officer (CLO) Survey on issues of importance in managing corporate law departments. This Survey was conducted in September and October,2010.

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Features

'Insurable Interest' and the Scope of First-Party Coverage

Catherine A. Mondell & Seth C. Harrington

This 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.

Features

The Limited Scope of the Duty to Cooperate

Paul A. Rose & Alexandra V. Dattilo

Although it is important for both policyholder and insurer to review carefully the cooperation clause in a liability insurance policy to determine its precise, expressed scope, it also is important for the parties to recognize that ethical rules and decisional law may serve to limit the stated scope of any duty to cooperate.

Features

Succession in Leadership

William C. Cobb

Many firms that were formed in the late 1960s through the early 1990s are now facing a transition from their founding leadership to a younger generation. There are many problems and benefits that will be associated with this transition. This article discusses the issues and the approaches that a firm may take to make the transition effective and efficient with minimal disruption.

Features

Unsound Management Lowers a Firm's Income

Joel A. Rose

Too many lawyers in private practice are frustrated as they attempt to achieve both their personal and professional objectives due to the absence of sound management and administration of their firms.

Features

Pitfalls of State and Local Taxation

John W. Sullivan III

Most firms file their partnership income tax returns in their domiciliary state and maybe another state or two if they feel they enter the state enough to warrant filing. There are nonresident personal income tax filing requirements that come into play as well. Generally, that's the accepted state and local tax filing approach taken by many firms. Unfortunately, that's not the full spectrum of filings that must be considered in this new age of state and local taxation.

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