LJN Newsletters

An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.

Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.

Entrepreneurs once able to cash out on their own terms, to eager buyers unwilling to risk negotiating lest a competitor get the deal, now must accept markedly less favorable terms.

Attending conferences has a dual benefit: learning or keeping updated in a substantive area or industry, and business development. Both are critical to a successful practice.

This article focuses on the offering of investment options and what plan sponsors can do to better serve plan participants.

Law firms need to take a close look at who the fiduciaries are with respect to their 401(k)plan, and how the plan is being managed. This is particularly true in partnerships where one partner's conduct can result in liability for others.

Macro trends have placed an increasing number of firms in a position where urgent transition issues are now staring them in the face. In some cases, key plans are put on hold until critical succession and transition decisions can be sorted out.

In the September issue, Part One of this article listed the 12 steps that are essential for a well planned and well executed Client Feedback program. Part One then went on to describe steps 1 through 4a. Steps 5 through 12 will be described herein.