Court Watch
Quiznos' Termination Of Franchise Agreement Declared Unlawful <br>Competing Restaurants Each Incur Partial Loss of Trademark Rights
How to Fix the U.S. Auto Industry: A Dealership Perspective
It is widely acknowledged that the financial bailout of the U.S. automobile industry will not be sufficient to return the industry to solid financial condition. Estimates are that manufacturing and distribution capacity is about 30% above likely demand for the foreseeable future, so a broad restructuring and downsizing is probably needed. FBLA asked legal experts what they would do to change laws affecting the relationships of auto manufacturers and auto dealers to accommodate the necessary restructuring.
Technology in Marketing: Is Your e-Communication Being Read?
Any way you look at it, e-communication gives you and your firm exposure in an existing or potential client market. Here are the ins and outs.
Dual Franchise Co-Branding: A Cautionary Tale
With the state of the economy, even a strong business like the franchise industry is feeling the proverbial pinch. While still growing and enjoying measures of success, franchisors are dealing with fewer leads and fewer sales of franchises. In such times, franchisors may look to alternative means to increase sales volume while reducing expenses. One alternative franchisors may begin to consider is co-branding.
Revisiting MLF 2008: What You Missed!
Last month, Marketing The Law Firm took a look back at 2008 with pared-down versions of one article each from our January to June issues. In this issue, we continue to look back at 2008 with articles from the July to December issues.
It's Going to Be a Green Year
Clean energy is a top priority for the Obama administration and the new Congress. The President's campaign pledges and post-election comments posit clean energy as a key element for advancing the nation's economic recovery, fostering energy independence, addressing climate change, and reinvigorating American leadership in innovation and manufacturing.
Renewable Energy Leasing Opportunities
Lately there has been increased interest in the use of sale-leasebacks as a financing mechanism for solar projects. While most of the activity to date has involved solar projects, there is no reason that sale-leasebacks could not be used to finance other types of renewable energy or other energy projects eligible for investment tax credits under Section 48, such as fuel cells, geothermal or certain combined heat and power facilities, as well as integrated gasification combined cycle and other advanced coal-based generation projects under Section 48A or gasification projects under Section 48B.
Online Travel Companies Avoid Local Taxes
For the first time, a federal appellate court has held that online travel companies cannot be compelled to collect and pay local "bed" taxes on the rooms they sell to consumers. Similar disputes nationwide have been percolating through federal and state courts challenging the application of occupancy tax laws, written before online travel booking took off. The various suits sought payments from online firms.
Features
Curbing Internet Defamation
An identifiable Internet speaker who sends an unlawful e-mail or posts an unlawful Internet message is subject to traditional litigation tactics. However, countless Internet speakers are not effortlessly identifiable. Hence, novel technical, administrative law and litigation tactics are advantageous for successfully curbing Internet defamation.
Features
What's in a Domain Name? The Changing Internet
Generic, top-level domain names (gTLDs), such as .com or .net, are the sorters of the Internet. They serve the single purpose of identifying the database in which a domain name is registered. Last June, ICANN reversed its long-held position and announced that it would allow an unlimited number of generic top-level domains.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
