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  • Attendees at the 32nd Annual ABA Forum on Franchising were given a timely reminder of the importance of relationships in franchising during a keynote presentation by Greg Nathan, managing director of the Franchise Relationships Institute (Brisbane, Australia).

    October 28, 2009Kevin Adler
  • Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.

    October 28, 2009Jenna Greene
  • Regular readers of blogs and other Internet-based sources of news and information know it's not unusual to see product reviews in these virtual venues. While the reviews sometimes appear to be careful, impartial journalism, other times the writer seems just a bit too enthusiastic about the post's subject matter. Of course, readers have good reasons to question just how impartial the authors of these reviews might be.

    October 28, 2009Kelly D. Talcott
  • With the growth in its popularity, and the evolving sophistication of technology to offer and execute it, e-commerce is increasingly automated. In the past, Internet sites used terms of use agreements that include an Internet mechanism to affirm consent to be bound by the agreement ("click-wrap"). But more often than ever, browse-wrap agreements are replacing click-wrap agreements.

    October 28, 2009Karen Berger and Jonathan Bick
  • Today, no business starts without planning its Web site and online strategy. But is the same attention given to the choice of the Web site host as to the more exciting aspects of the site design? For example, you should not choose your host on price alone, as a commodity purchase. Instead, you should consider other factors, just as in choosing any vendor or business partner.

    October 28, 2009Stanley P. Jaskiewicz
  • This article addresses how e-commerce companies can get a handle on managing organizational information, and outlines processes for retaining and managing key business information that could be salient in legal proceedings, regulatory matters or compliance issues.

    October 28, 2009Brett Tarr
  • The California Franchise Tax Board recently told California franchisees to begin withholding 7% of all lease and royalty payments to out-of-state franchisors that exceed $1,500 per calendar year.

    October 28, 2009Dirk Giseburt, Rochelle Spandorf and Jaymee Castrillo
  • To read reactions to the Federal Trade Commission's new guidelines announced last month on product testimonials and endorsements, one would conclude that bloggers must now tiptoe through a minefield of disclosures or else face the strong arm of the federal government and penalties of as much as $11,000. Only problem is, the guidelines don't say that.

    October 28, 2009Robert J. Ambrogi
  • Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.

    October 28, 2009Jenna Greene
  • The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.

    October 28, 2009Alan L. Friel