California caught the attention of international franchisors and franchisees who have arbitration clauses in their franchise agreements in the recently filed opinion in Gueyffier v. Ann Summers, Ltd. ___ Cal.App.4th ___, 2006 WL ___ (2d Dist. Oct. 26, 2006). The decision held that an arbitrator exceeded his authority when he ignored provisions in a franchise agreement that limited the circumstances under which he was permitted to find the franchisor in breach.
- January 31, 2007Keith D. Klein and Kenneth R. Costello
The shadow of high-profile attorney Willie Gary's wealth hovers over the lengthy appeal recently filed by the mother of his twins, whose $336,000 annual child support payments were slashed in 2005 to a mere $60,000 a year ' plus tuition for the twins' private school ' by a Georgia Superior Court.
January 31, 2007Greg LandA major debate is under way as to the future of the 'grave risk of harm defense' in Hague Convention international child abduction cases. The move is spearheaded by those who believe that the Hague Convention discriminates against expatriate mothers who are victims of domestic violence and who return to their countries of origin with their children.
January 31, 2007Jeremy D. MorleyIn Matter of Merscorp, Inc. v. Romaine, decided last month, the Court of Appeals resolved the long-standing dispute between the Suffolk County Clerk's office and participants in an electronic mortgage registration consortium. In one of the first opinions by recently appointed Judge Eugene Pigott, the court held that the County Clerk is required to accept for recording mortgages and satisfactions in the name of MERS (Mortgage Electronic Registration Systems, Inc.) even though MERS itself holds no interest in those mortgages.
January 31, 2007Stewart E. SterkA complete list of the cases included in this issue.
January 31, 2007ALM Staff | Law Journal Newsletters |Business development in the legal community is a science, but it requires the creativity of an artist. That artistry can be demonstrated most powerfully through the written word, a tool of great lawyers for centuries. Encapsulating an interesting case or complex transaction into 500 or 1000 words for the benefit of colleagues and the business community at large is the single best way to demonstrate expertise on a macro scale. It is at the very core of client generation.
January 31, 2007Ari L. KaplanIt all started when communications director Peter Columbus left O'Melveny & Myers for a position at Kaye Scholer this fall. To fill the opening at O'Melveny, John Buchanan left his job at Heller Ehrman. To fill that slot at Heller, Patrick Bustamante left his post at DLA Piper. 'Clearly there's a domino effect,' Buchanan said.
January 31, 2007Kellie SchmittCan a firm decline to produce the e-mails, notes and memoranda relating to its internal investigation on the grounds that the material is protected by the firm's own attorney-client or work product privileges?
The answer is a definite 'maybe.'January 31, 2007Richard M. ZielinskiCorporate counsel will outsource more legal work at higher rates in the coming year, and supervise the law firms less closely, issue fewer RFPs and request alternative fees less often, according to projections based on a survey by the Association of Corporate Counsel (ACC) and Serengeti Law. The survey shows that the balance of power has swung away from corporations and in favor of private law firms, which will continue to bill by hour and face less convergence,' or consolidation of legal work by a corporation to a small number of firms.
January 31, 2007Larry BodineManaging a small, medium or large law firm can be a daunting task, especially when piled on top of legal practice responsibilities. The combination of time, tasks, politics and personalities can seem overwhelming as firm managers strive to consider: 'What values are most important to clients?' as part of an overall firm management approach.
The key to overcoming these pressures and competing effectively is a strategy of innovation and differentiation.January 31, 2007Paula Campbell

