Viewpoint: Class Actions, Reform, and the Impact on Franchisors
November 01, 2003
Since the 1960s, consumer advocates have used the tool of the class action to shepherd and win redress for those who have relatively small claims, but don't have the practical means to pursue their own individual lawsuits. The honorable intention is to notify and help vulnerable or unsophisticated plaintiffs who may not even realize they have been swindled. Class actions have won significant refunds for HMO customers, credit card and utility customers, and, of course, aided victims negligently exposed to toxic substances.
Structuring a Refranchising Program
November 01, 2003
There are several things that a franchisor can do in structuring its refranchising program to reduce the likelihood of disputes and litigation. This article discusses the presale market identification and internal due diligence and initial marketing process that culminates in the execution of a letter of intent ("LOI").
Lender Liability and Its Application to Franchising
November 01, 2003
Lender liability law states that lenders must treat their borrowers fairly and, when they don't, they can be subject to borrower litigation under a variety of legal actions. Franchise relationships have seen their own share of lender liability claims. Franchisees must borrow to acquire assets, franchise agreements, and leasehold interests relating to franchise operations. Thus, franchisees, like all business borrowers, must be aware of their legal rights and legal issues that may arise during the lending relationship.
News Briefs
November 01, 2003
Highlights of the latest franchising news from across the country.
Court Watch
November 01, 2003
Highlights of the latest franchising cases from across the country.
Strategies to Enhance Cash Flow
November 01, 2003
Managing partners, financial partners, members of executive committees and administrators must devote more of their time today than in the past, to planning and managing their firms' finances and those functions that improve the cash flow. This article describes six aspects of law firm management and economics that the author has recommended to managing partners, financial partners, members of management committees and law firm administrators to assist them improve their firm's cash flow. These factors include: 1) cash flow; 2) a business plan; 3) budgets for revenues, expenses and client advances; 4) partner compensation; 5) a recommended new business and billing committee; and 6) partners' capital and borrowing.
Around the Firms
November 01, 2003
Movement among major law firms and corporations.
Partnering: The Future of Legal Services Has Arrived
November 01, 2003
Over 10 years ago, E.I. du Pont de Nemours and Company adopted a model for the procurement of legal services that is based on strict legal spending rules, including early case assessment measures, consolidation of law firms and service providers handling DuPont work, and implementation of numerous other cost-saving measures. The DuPont model, which is commonly referred to as "partnering," has become a platform for the efforts of an increasing number of companies to revamp their legal service expectations and implement changes that embrace partnering between in-house and outside attorneys. Despite the amount of time that partnering has survived and the increasing number of companies adopting a partnering model, most outside counsel still meet the concept of partnering with great skepticism. This skepticism is bred from both an inability to envision the future of the legal services market and the misconception that the sole goal of partnering is to reduce legal bills for corporations at the expense of law firm revenues.
Case Briefs
November 01, 2003
Highlights of the latest insurance cases from around the country.
