Q&A with Franchise Pundit Founders
In this Q&A, FBLA talks with Robert Boulter and Ryan Knoll, the founders of FranchisePundit.com, a blog and discussion forum that covers business and legal issues in franchising. Since its inception in April 2005, visitor traffic to Franchise Pundit (www.franchisepundit.com) has grown exponentially, as franchisees, prospective franchisees, and franchisors read and respond to its no-nonsense, practical advice and observations.
Features
<b>Professional Development University: </b>Invest in Your Future: You Are Worth It
If professional development has not found its way into a lawyer's practice and values, compliance with state CLE requirements is forcing a change. A growing number of states call upon lawyers to report their professional development activities and some states require stress management, substance abuse, or ethics education, as well as learning in a substantive area of law. There are also lessons from the larger firms: professional development is good for business and commonly used to market the firm's expertise.
Kaye Scholer Faces Malpractice Claim From Ex-Computer Associates Worker
A former employee of scandal-plagued software giant Computer Associates, who claims she was fired for cooperating with an internal investigation, may sue the law firm hired by the company to represent her for legal malpractice based on alleged conflicts of interest, a Long Island judge has ruled.
Franchise Industry Must Tackle Privacy
Consumers are growing more sensitive about the privacy of their financial information, and franchisors are no different than other businesses needing to become more attentive to protecting customer data. 'Information privacy and security is one of the most fast-paced and constantly changing areas of the law today,' stated Kirk Nahra, chair, Wiley Rein & Fielding's privacy practice, in a conference call on April 20, targeted specifically to the privacy challenges that franchises face.
Features
Employee-Benefits Bankruptcy Issues That Law Firms Need to Know
This article provides an update on the protection of an individual retirement account (IRA) from creditors after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act). In general, the Act, which took effect on Oct. 17, 2005, expands the bankruptcy protections previously available for a debtor's 'ERISA-qualified' retirement funds.
Features
The New Business Case For Diversity
As a signatory to the Statement of Principal, Wal-Mart actively promotes diversity within its approximately 500 law firms. Following the Statement's approach, we have informed our law firms of the importance of diversity to our business and our desire that the attorneys representing the Company more closely reflect the customers and communities we serve. We have communicated to our firms that we expect them to promote a diverse workplace and have encouraged them to staff our files with more women and minority attorneys. Finally, we have told our firms that we would give significant consideration to a firm's demonstrated diversity commitment when selecting new counsel. <br>Unfortunately, a review of the diversity statistics of our law firms produced disappointing results.
Safeguarding Confidential Employee Records
The electronic age has increased numerous workplace efficiencies, the most significant of which are obtaining, storing, using and transferring data. Yet these benefits to data management have not come without burdens. Because information has become increasingly easy to obtain and transfer, employers must take precautionary measures to ensure that confidential data is adequately protected. This applies not just to proprietary business information, but also to confidential employee data. This article provides an overview of statutory, constitutional and common law concerns with respect to obtaining and maintaining confidential employee information, and penalties that employers may face for failing to protect the security of confidential employee records.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Lease of Aging Planes Leading to Lawsuits
A growing number of lawsuits are alleging that aviation companies are dumping old and unsafe airplanes on Third World countries. Some of the suits charge the companies with leasing planes to startup airlines that lack proper training to operate them safely. In Chicago, a lawsuit is set to go to trial against an Illinois aviation company alleging that it knowingly leased an old and defective plane to a company in the Philippines, where the 22-year-old plane crashed in 2000, killing 131 people.
Features
Libeling Lawnmowers
Is it possible to defame an inanimate object such as a plane, or a house, or a painting? Surprisingly, the answer to this question is 'yes.' This sort of claim, which is generically captured by the designation 'commercial disparagement,' has, on occasion, been pursued successfully at trial involving 'hard' assets and can even be employed when the damages are more prospective than actual. The tort falls generally within the penumbra of libel and slander-related claims, but has been overshadowed by the more commonly recognized types of claims asserted against individuals or corporate entities rather than tangible objects. Commercial disparagement claims, when understood, are a useful line of defense to an asset owner ' as well as a hazard for those unaware of the claim's contours.
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