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Court Watch
December 27, 2007
Highlights of the latest franchising cases from around the country.
Quiznos Beats Class Action: Disclaimer Clauses Commonly Used By Most Franchisors Upheld as Fully Enforceable
December 27, 2007
Quiznos successfully beat back a class action challenging its supplier arrangements in <i>Westerfeld v. The Quiznos Franchise Company.</i> One important aspect of this decision is that the Eastern District of Wisconsin court had no problem dismissing a class action challenge to Quiznos' supplier arrangements on the basis that various disclaimer clauses commonly used by most franchisors were fully enforceable and effective to bar the franchisees' fraud and RICO claims.
Ten Rules for Franchisors to Reduce Litigation Risks
December 27, 2007
This is the conclusion of a two-part series in which we distill the best litigation-related advice for franchisors into 10 simple rules. The rules emphasize common sense, foresight, and recognition that skilled and successful franchisees are an indispensable element in overall system success.
IP News
December 27, 2007
Highlights of the latest intellectual property news from around the country.
Earmarks and Trademarks Collide: Fourth Circuit Reverses District Court in The Last Best Beef, LLC v. Jonathan W. Dudas et al.
December 27, 2007
'Earmark' is a 16th century form of cattle branding. But this case presents a contemporary Congressional earmark that cut out the right of Last Best Beef, LLC to register or enforce its brand.
Divided and Conquered? The Precarious Standing of Patent Licensees
December 27, 2007
This article discusses three recent Federal Circuit rulings that have set important new guidelines for which kinds of licensees will have independent standing to sue infringers, which will be compelled to join their patentees, and which will be left out in the cold.
Pleading Standards in Patent Litigation After Bell Atlantic Corp. v. Twombly
December 27, 2007
<i>Bell Atlantic Corp. v. Twombly</i>, a recent Supreme Court decision which addressed the sufficiency of pleadings for a claim under Section 1 of the Sherman Act, has prompted defendants in a wide variety of actions, including patent cases, to file motions urging district courts to apply the 'new' Twombly pleading standard to dismiss the actions against them.
Working Capital Issues for the Law Firm
December 27, 2007
This article explores issues pertaining to cash flow and cash needs of law firms.
Managing Advanced Client Costs and Complying with IRS Rules
December 27, 2007
If your firm is not treating advanced client costs as loans or assets, then you should form a plan to come into compliance with IRS guidelines.
Reporting on the State of the Firm
December 27, 2007
This article discusses preparation of a 'State of the Firm' report, which provides owners with an appraisal of the firm's prior years and planning for the coming period.

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