Features
A Quagmire Of Uncertainty
most lawyers considering their ethical obligations under applicable rules of professional conduct typically aren't employees or partners of the client itself. Likewise, ethics rules and authorities, virtually invariably, address the traditional attorney-client relationship. The role of in-house corporate and law firm counsel, from an ethical perspective, has received very little reported attention. But that doesn't mean that these issues aren't there, or that a law firm or corporation does not need to pay attention to these issues. Failure to plan ahead on ethics strategies, with the help of experienced ethics practitioners, could subject the entity to increased risk of liability. The lawyers involved likewise could be exposed both to liability risks and to potential bar counsel grievances or unauthorized practice of law (ULP) complaints. The three most troubling aspects of these issues are discussed below.
Ten Things Every Law Firm Should Know About Legal Malpractice Claims
We live in litigious times. Here are some tips that can help reduce your firm's exposure to a successful malpractice claim.
<b>Professional Development University:</b> Translating Professional Development Into Business Development
How do you get the highest and best use out of your firm's professional development investment, over and above the clear benefit to your own lawyers and staff? Odds are there is a huge amount of intellectual property already in existence as a result of your firm's internal programs. Consider turning what is a valuable cost center into an invaluable business development resource.
Cherry-Picking Talent
A new, more proactive ' if tedious ' hiring strategy has emerged that mid-market firms are adopting. Rather than target highly sought-after rainmakers or hope for a ready-made practice group to shake loose from a large firm, these practices are building their offices piecemeal by cherry-picking young guns from the biggest and best firms, enticing them with flexible billing rates, shorter partnership tracks, oodles of support and a free rein.
Why Private Equity May Be the Preferred Vehicle for Franchise Expansion
Why is private equity funding the hottest thing in franchising today? In the past 12 months, private equity buyouts have included well-known brands such as Cinnabon, Church's Chicken, Taco Bueno (a regional taco maker), and regional frozen dessert operator Rita's Italian Ice.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
News Briefs
Highlights of the latest franchising news from around the country.
Mexico Amends Its Franchise Law
On Jan. 26, 2006, an amendment to the Mexican Industrial Property Law (<i>Ley de la Propiedad Industrial</i>) ("IPL") became effective. The new amendment mandates new requirements for presale franchise disclosure and for franchise agreements. To comply with the law, most franchisors will need to change their existing forms of franchise agreements used in Mexico.
Franchise Brokers: Buyer Beware
Franchisors face major challenges in finding the right sales personnel and being able to afford them, and in developing and funding the right marketing strategy. One tempting way to handle these challenges is to hire a sales broker to do it all.
Features
Public Productivity for Patent People
Does anyone remember this scene? "Call on 2 for Joe Jones!!" "Hold 2!!" Before cell phones, that was how you reached someone in the USPTO Public Search Room in Crystal Plaza 3 of Crystal City. Joe disappeared into a phone booth to conduct his business.
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MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›