Buyer Beware
May 14, 2011
Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
Implementing Change in a Franchise System
May 14, 2011
franchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.
WHOM THE GODS WOULD DRIVE MAD
May 04, 2011
They First Put In Charge Of Mailing Lists If the computer hadn't been invented, professional services marketers would have had to invent it. We depend so much, after all, on knowledge and data, and manipulating it, and accessing it, that we couldn't get past 10 A.M. without the computer to help do it all for us. '
Legal RFP's
April 29, 2011
LEGAL RFP'S - To respond or to not respond; that is the question? [The first in a blog series on Legal RFP's] Shakespeare's classic question focuses debate on a serious leadership challenge for law firm decision makers. It also requires the corporate/agency rfp sponsor to carefully consider the information it should make available to the firms who will be responding. As a business development consultant advising clients on the efficacy of responding to rfp's, let me present…
<i>En Banc</i> Rehearing Demanded on Facebook-ConnectU Settlement
April 28, 2011
When the Ninth Circuit denied Cameron and Tyler Winklevoss and Divya Narendra's request to have their settlement with Facebook overturned last month, it made headlines, most likely due to the depiction of the legal battle in the Academy Award-nominated film, <i>The Social Network</i>. But despite being told by the court to be happy with the "quite favorable" settlement amount, the attorney leading the fight isn't ready to give up.
The Dangers of Dynamic Keyword Insertion
April 28, 2011
One aspect of PPC advertising in which keywords play a part ' and where such keyword use might be considered trademark infringement ' is the use of keywords within the text of an ad itself. Unfortunately, trademarked keywords sometimes appear in PPC ads automatically, without anyone intentionally selecting them. How is that possible? Through the use of a technique known as dynamic keyword insertion, combined with inexact keyword matching.
Uphill Battle in Infringement Suits Against Studios
April 28, 2011
Two artists suing Dreamworks for copying the Kung Fu Panda character and concept. And while history shows that plaintiffs taking on Hollywood with such claims rarely succeed in court, at least some copyright experts believe that one of these cases may be an exception.
Strategies for Using the IFTA Arbitration Process
April 28, 2011
More film productions have become international affairs, with shooting in faraway exotic locations, post-production in still other foreign countries, production funding from international sources, and sales in both foreign and domestic markets. The question then is how best to resolve disputes arising among the vast cast of characters in an efficient and cost-effective manner.
