Case Briefs
October 01, 2003
Highlights of the latest insurance cases from around the country.
Risk Management Review: A CFO's Approach
October 01, 2003
Set aside some quiet time every year to think through your insurance and risk management programs with someone knowledgeable in the field. Law firm administrators are mostly not insurance experts, and unless there is some crisis, tend not to give this area the attention it needs. Crisis time may be too late.
Corporate Investigations: Their Hidden Traps ' and How to Avoid Them
September 22, 2003
This is the first in a two-part series on how to conduct corporate investigations for corporate counsel. Corporate counsel face a myriad of challenges when conducting or overseeing an internal workplace investigation. From ethical issues to potential third-party liability, the pitfalls are everywhere. New responsibilities and risks under Sarbanes-Oxley make the job even more daunting for counsel in publicly held firms. However, with advanced planning, there are ways to conduct a workplace investigation that may prevent it from coming back to haunt you.
Franchising: Once You Start, Can You Stop?
September 16, 2003
If a company ceases to expand its brand and market penetration through the sale of franchises as part of a plan to convert to an employee-based operation, is it exposed to liability for breach of the implied covenant of good faith and fair dealing? The answer is yes, according to one California appellate court. In <i>Sherman v. Master Protection Corp.</i>, 2002 WL 31854905 (Cal. App. 6 Dist. Dec. 18, 2002)(rev. den. April 9, 2003) [Business Franchise Guide (CCH) '12,503], a non-published decision, a unanimous three-judge panel of the California Court of Appeal for the Sixth District recently awarded damages and legal fees to a franchisee on that very basis.
Counterpoint: A Consultant's-Eye View
September 16, 2003
Tension often exists between lawyer and consultant because many issues do not neatly fall into purely legal or purely business buckets. Consultants chafe at lawyers who make recommendations concerning business strategies that they feel are inappropriate or based upon limited knowledge or research. Lawyers chafe at consultants 'practicing law without a license.' Indeed, from the viewpoint of the professional consultants, the practice of business without due care by lawyers is as risky (maybe more so) for the client as is the practice of law by the non-lawyer.
INTERVIEW
September 13, 2003
In this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.
Damages from Defaulting Franchisees: More Options Than You Think
September 13, 2003
When the relationship between a franchisor and a franchisee breaks down, one might think the standard measure of damages is just the lost franchise fees. However, just as a simple failure to perform is not the only type of wrong suffered by franchisors, unpaid fees are not the only types of damages available. This article examines a number of cases in which the franchisor's claims — and claimed damages — were outside the ordinary.
