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Court Watch
Highlights of the latest franchising cases from around the country.
Features
Injunctions in Franchising: Comparing the Canadian and American Systems
This month's installment continues an exploration of the differences that franchisors in the United States and Canada will face when seeking injunctions to enforce non-competition and other covenants contained in their franchise agreements.
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Supplemental Bonuses
New York's Sullivan & Cromwell LLP plans to pay counsels and senior associates (fifth-year level and up) bonuses tied to the firm's financial performance.
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An Upbeat View: Nonlawyer Ownership of Law Firms
This article examines the two main objections to outside ownership of law firms. The first is that it would permit nonlawyers to interfere with lawyers' exercise of professional judgment. The second is that the firm's duty to its shareholders would lead it to focus blindly on maximizing profits.
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How Nonlawyer Ownership Abroad May Affect U.S. Firms
This commentary provides some preliminary thoughts on how equity investments in non-U.S. law firms may change how U.S. law firms do business.
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The Uncertain Tax Status of Series LLCs
The Internal Revenue Service has not weighed in on the proper tax classification of series LLCs. Accordingly, lawyers recommending this new form of entity to clients or considering a series LLC for an ancillary business of the law firm or other purpose should proceed with caution.
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Case Notes
Highlights of the latest product liability cases from around the country.
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Prescription Drugs: Consumer Fraud in Sales and Marketing
Claims of consumer fraud are difficult and rarely succeed in the context of a pharmaceutical product liability action. They are, however, troublesome, because the pleading of such a claim often opens the door to extensive discovery of the company's sales and marketing departments. If the defendant cannot succeed in obtaining a dismissal prior to trial, it may still permit the jury to hear evidence of sales tactics and strategies that often paint the manufacturer in a less-than-favorable light. Companies should be aware of the potential for such claims and plan their sales and marketing strategies accordingly.
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