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This article outlines strategies for protecting clients against IP theft.
Recently, the U.S. Court of Appeals for the Second Circuit reversed the district court's certification of a class action by smokers alleging they were deceived by the defendant tobacco companies' marketing of so-called light cigarettes as a healthier alternative to regular, or "full-flavored," cigarettes.
Part One of this article described some general principles regarding the concept of fraudulent joinder and the patchwork of conflicting definitions and procedures for analyzing fraudulent joinder that has developed in the Circuit Courts. This conclusion offers strategies for defeating fraudulent joinder.
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In an article that appeared in the September 2008 issue, <i>Measuring Realization to Improve Firm Profits</i> by K. Jennie Kinnevy, the author's biography was inadvertently omitted.
The general view has been that unreasonable compensation claims against shareholder employees of professional corporations was not an issue. In <i>Pediatric Surgical Associates P.C. v. Commissioner</i>, the Tax Court determined that compensation paid to the shareholder physicians was unreasonably high because it exceeded the value of the services performed. Many law firm professional corporations could face this same issue.
In an ever-increasing competitive environment, it becomes more and more difficult for law firms to distinguish themselves from their competitors. A quick scan of some of the better-known firm Web sites shows that many firms often look and sound alike. However, it is the quality and caliber of the attorneys that set the firms apart. Saying you're distinctive is much easier than proving it to the marketplace, your partners and staff. One area in which your firm can build distinction and establish itself as a leader is Partner Care.
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Closely held businesses produce over 50% of the Gross National Product ("GNP"). Less than 50% of these businesses have a continuation plan and almost one-third of these companies (29%) use a buy-sell arrangement to assist in their planning. Buy-Sell agreements are very simple tools that over the years have grown to meet increasing needs of closely held businesses.
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CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete
What can a franchisor do if some of its franchisees or business partners (who are not parties to the litigation) are slapped with broad and burdensome subpoenas from disgruntled franchisees or potential franchisees in litigation? In many cases, the answer may be nothing. The Federal Rules of Civil Procedure generally do not allow a party to seek to enforce the rights of others (many states have analogous rules, as well).
