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  • Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.

    November 26, 2008Douglas M. Mansfield and J. Todd Kennard
  • In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.

    November 26, 2008Ryan Kaatz and Brian Schnell
  • Unknown to corporate America, the popular peer-to-peer file-sharing networks that allow music and movies to be shared could be sharing something else with the public: company secrets and personal data.

    November 25, 2008Tresa Baldas
  • Search engines compete with each other on their ability to guide users to relevant content. The search engines, therefore, reward those Web pages that provide useful content to their consumers with high rankings. To understand how to get the most out of search engine optimization, it is important to learn how search engines catalogue and evaluate trillions of Web pages to determine which one is most relevant to a given search query.

    November 25, 2008Conrad Saam
  • cyberspace enables anyone willing to spring for a domain name and pay an Internet service provider $15 a month to become a "publisher." And even better for these latter-day Horace Greeleys, they can corral a limitless number of "reporters" without paying one red cent. Small wonder that blogging has become a force of mainstream media. Indeed, blog owners basically need only to grant anonymity to those who post to their Web sites.

    November 25, 2008Joel Cohen and Katherine A. Helm
  • For most of the decade, Silicon Valley technology startups have assumed that Google would pay their legal bills. Not literally, mind you, but rather by taking on the big, high-profile cases about fair use, interoperability and other digital intellectual property issues that would set precedents upon which all disruptive innovators could rely. Well, Google just put the Valley on notice that the free ride is over, which means more legal burdens for smaller technology companies that previously depended on Google clearing a path for them.

    November 25, 2008Fred von Lohmann
  • As a partner in a small firm, I must divide my time between servicing current clients, finding new ones and running the operational side of my small business. In addition, I have three children, so it is essential for me to be able to work from home and office interchangeably. Another challenge is that my client base requires me to travel frequently, which makes it imperative for me to have access to my client data wherever I am, day or night.

    November 25, 2008Catherine Merino Reisman
  • The concept behind electronic billing is that it is almost no additional work, that the invoice approval process is faster, and that the firm will get paid more quickly. Unfortunately, the reality of electronic billing is a little more complicated. Law firm clients often use different electronic billing systems, requiring the creation of customized invoice formats or manipulation of electronic files manually. As more clients continue to require electronic bills from their outside law firms, the challenge is in finding ways to more efficiently create and manage electronic invoices.

    November 25, 2008Peter Secor
  • Web 2.0 is more than merely an upgrade of Web 1.0; rather, it is an evolutionary step toward a major change to the practice of law ' and the end of the bricks-and-mortar world of law firms as we know them today. The fact is that law firms spend the bulk of their fixed overhead in two areas: office space and personnel. One of these expenses, office space, can be dramatically reduced today; and personnel costs, especially on the support side, can be reduced today and dramatically reduced in just one more generation.

    November 25, 2008Jay M. Jaffe