News Briefs
July 30, 2008
The latest news from the franchising world.
The 'Sophisticated Insured' Defense
July 30, 2008
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
July 30, 2008
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
July 30, 2008
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
July 30, 2008
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.
Virtual Worlds Attract Lawyers
July 30, 2008
'Virtual Law,' as specialists call it, is not your father's law. And according to some aspiring lawyers, it is the next big thing. Of the 50 or so tech-savvy lawyers around the country conversant in the language of orcs, avatars and toons.
<i>Tiffany v. eBay</i>
July 30, 2008
The recent decision in <i>Tiffany v. eBay</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without even selling a product and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
Web 2.0 Comes to the Legal Profession
July 30, 2008
We now have what many technology experts call 'Web 2.0' and, once again, technology offers new opportunities for members of the legal profession to improve the efficiency and effectiveness of their workflow. We believe it is in the interest of technology leads within law firms and corporate counsel groups to consider how they can better incorporate these innovations into their practices, given the benefits they can deliver.
Movers & Shakers
July 30, 2008
Tech Lawyer Earns Licensing Certification<br>Andrews Kurth Lawyer Named to Association Board<br>Book Offers LawyersCareer-Building Advice
Online Pharmacy Ordered to Pay FTC $15.8 Million
July 30, 2008
Saying they 'dispensed deception,' a federal judge in Atlanta has ordered the founders and operators of a now-defunct online pharmacy business to pay the FTC $15.8 million for fraudulent claims associated with the drugs they peddled.
