Career Journal: When the Call Comes
In 2008, despite some law firms feeling the brunt of the economic woes besieging the country, many are still in the hunt for marketing talent. It should come as no surprise that when you combine that temptation with the general dissatisfaction felt by most, you have so many willing to take the leap.
Practice Tip: The Learned Intermediary Doctrine
The court's refusal in <i>Johnson & Johnson v. Karl</i>, to recognize the learned intermediary doctrine and rejection of it wholesale lacks a sound basis. It is a legal aberration that warrants a prompt legislative response to codify the learned intermediary doctrine in West Virginia.
IS DIVERSITY A PREFERENCE OR A VALUE ADDED?
IS DIVERSITY A PREFERENCE OR A VALUE ADDED? AS someone who has operated extensively on both the buyer and seller sides of the legal profession, I'm naturally prone to preaching the "understanding your client" doctrine as the key best practice for all marketing and business development efforts. While I've taken some pains, in this publication and elsewhere,to define what "understanding your client" actually means, it is important to remind ourselves that the process of getting…
News Briefs
The latest news from the franchising world.
The 'Sophisticated Insured' Defense
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Leasing of Solar Energy Equipment
For traditional institutional equity investors in leveraged and single-investor equipment lease transactions, solar equipment may offer an attractive investment opportunity. Leasing solar equipment may also provide an attractive investment structure for traditional investors in power projects looking to expand investments in renewable energy projects.
Q&A with Sean Kelly, Franchise Blogger
Franchisees complain about the imbalance of power between themselves and franchisors, especially when franchisor-franchisee relationships go awry. The Web has changed that dynamic significantly by giving franchisees an easy way to voice their complaints widely and anonymously. Sean Kelly is providing one of the most popular forums for franchisees to vent about franchisors ' whether fairly or unfairly. A 20-year veteran of the franchising industry who participated in the startup of more than 100 franchises concepts, Kelly started a series of franchise-related blogs in November 2006 that have quickly become must-reads for franchisors, franchisees, franchise counsel, and consumers.
<b><i>In The Spotlight: </b></i>Strategies in Tenant Office Lease Renewal Negotiations
As tenants reconsider and update office space needs, it is imperative that they proactively develop a strong renewal/relocation negotiation strategy to maximize their future rights and benefits. Unfortunately, many tenants wait too long to focus on space needs and assume their lease will be renewed on reasonable terms. If a tenant waits until its notice period is upon it before it assesses its needs and develops a strategy or looks at the renewal rights in its current lease, it may become a 'captive tenant' forced to negotiate from a weakened position in the market.
