CLOSING THE DEAL
January 06, 2009
CLOSING THE DEAL A very happy new year to you all. Legal marketing is going through its typical first of the year cycle where clients and prospects are playing the "budget" card. But the economy is not the only factor you should consider when converting an opportunity to close more business. Hesitation might also occur on behalf of in-house counsel or public agency executives due to the pressures of bureaucracy. Who else needs to approve the engagement?…
Networking and e-Commerce: Get To It and Stay at It
December 29, 2008
Especially for e-commerce attorneys ' who have quickly adapted to doing all of their business chained to a computer monitor ' in-person networking is becoming a lost art. Even if you may very well be doing the right thing in attending networking events, you may not be doing the thing right well.
Social Networking and Litigation
December 29, 2008
This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.
Losing My e-Mail
December 29, 2008
In today's BlackBerry-driven, online business world, losing one's e-mail ' and access to other online forms of communication ' has to be worse than REM's fear of losing one's religion. Yet that is just the fate that may await our next President, who has already publicly confessed (on national television, no less, though you can certainly find the story on the Internet) his steadfast inability to shake his smoking addiction under the stress of a Presidential campaign.
News Briefs
December 29, 2008
The latest news from the franchising world.
Court Watch
December 29, 2008
Forum-Selection Clauses Enforced
Auto Dealer Can Bring 'Bad Faith'
December 29, 2008
An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
Attorneys' Fees Awards: No License to Pickpocket
December 29, 2008
It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.
New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions
December 29, 2008
The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
