Supreme Court Considers Price Fixing Agreements
June 28, 2007
Franchisors and franchisees alike are awaiting a decision from the U.S. Supreme Court that could change the marketing and promotional practices of franchisors and distributors. In <i>PSKS, Inc. d/b/a Kay's Kloset v. Leegin Creative Leather Products, Inc.</i>, the Supreme Court heard challenges to the application of the per se rule to vertical minimum price fixing agreements under antitrust law, and some commentators believe that the Court will overturn this requirement, which was adopted almost a century ago in <i>Dr. Miles Medical Co. v. John D. Park & Sons Co.</i>, 220 U.S. 373 (1911).
Inside the Booming Private Equity Market: Experts Share Experiences at IFA Legal Symposium
June 28, 2007
Private equity investors eager to purchase franchise operations have brought a new dimension to franchising in the past few years and have the potential to keep franchising invigorated in the future. A panel discussion at the International Franchise Association's Legal Symposium in May explored the motivations of sellers and buyers in private equity deals and the role that legal counsel plays in getting deals done.
Supreme Court Establishes New Standards for Buying Practices
June 28, 2007
Since the 2003-2004 term, the Supreme Court has heard a surprising number of antitrust cases ' nine in all ' reflecting its increasing interest in, and willingness to address, questions that significantly impact the business community. Equally remarkable is the array of issues the Court has addressed in these cases. In the past three years, the Court has heard cases concerning issues ranging from a unilateral refusal to deal with rivals, to pricing decisions by joint ventures to claims of tying involving a patented product. one opinion has been issued so far ' the unanimous decision in <i>Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.</i>, 127 S. Ct. 1069 (2007). This article discusses that opinion.
Fraud Sentence Enhanced for Abuse of Trust
June 28, 2007
The Federal Sentencing Guidelines establish factors that a court is authorized to consider in imposing a sentence upon a criminal defendant, and assign numeric values to those factors in an effort to achieve some consistency in sentencing. Though the factors mostly stay the same, their precise parameters are constantly evolving. One evolving factor is the 'abuse of trust' or 'use of special skill' enhancement, described in the Guidelines under ' 3B1.3.
Off-Label Marketing of Drugs and Medical Devices
June 28, 2007
Policing the marketing of drugs and devices was once primarily the preserve of the Food and Drug Administration (FDA), which focused on misleading labels and outright quackery. No longer. Nowadays, many federal investigations, worked jointly by the FDA, Department of Justice (DOJ) and Health and Human Services (HHS), are fueled by the enormous financial recoveries that can be won from manufacturers accused of illegally promoting FDA-approved drugs or devices, bearing an FDA-approved label, for uses not approved by the FDA ('off-label' uses).
Policing the Internet
June 28, 2007
The rise of the Internet as a major place of commerce has been both a curse and a boon to owners of brands and other intellectual property. Online business sales are booming, but so are the sales of fake goods and pirated software. Though estimates of the size of the problem vary, all agree it's big. As a result, Internet policing has become a major cost of doing business for many companies.
Redemption Payments Salvaged Prior to the Collapse of Ponzi Schemes
June 27, 2007
What can be worse than crushed expectations? Consider the following: An investor's money was invested with a hedge fund that turned out to be a Ponzi scheme. In a stroke of luck, the investor avoided a huge loss by redeeming his investment and gains prior to the collapse of the crooked company. Now, the trustee of the bankrupt hedge fund wants the money back, claiming that the transfer was fraudulent under ' 548 of the Bankruptcy Code and the N.Y. Fraudulent Conveyance law (New York Debtor & Creditor Law '' 271-276). Is there a quick way out of this nightmarish scenario? No, according to <i>Bayou Superfund LLC v. WAM Long/Short Fund II. L.P. et al. (In re Bayou Group, LLC)</i>, 2007 WL 582530 (Bankr.S.D.N.Y.)
Prime Brokers, Take Note
June 27, 2007
A recent decision issued by the Bankruptcy Court for the Southern District of New York (the 'Bankruptcy Court') in <i>Gredd v. Bear, Stearns Securities Corp. (In re Manhattan Inv. Fund Ltd.)</i>, 2007 WL 60843 (Bankr. S.D.N.Y. Jan. 9, 2007) represents a significant event for securities firms, with potentially far-reaching implications for prime brokers.
e-Commerce for Credit Managers
June 26, 2007
Collecting bills from firms that exist only on a computer server and monitors is becoming as much a part of Main Street in the 21st century as selling to the corner store was in the19th, and as selling to the mall store was in the 20th century. Suppliers to e-commerce firms, whether of inventory for resale online, or of servers or other equipment used in operations, must be paid, or they will cut off credit or sell only C.O.D.
Finding the Right CRM
June 26, 2007
One of my most daunting tasks as the firm's first marketing director was how to tap into the attorneys' 'knowledge base' of clients and contacts. To put it simply ' nobody could decipher who knew whom. E-mails would fly around asking if anyone knew an attorney in California, or an employee at ABC Corporation. The e-mails were cumbersome and often sent at the last minute. Each attorney's contacts were essentially islands for which we needed a way to bridge. The conclusion we arrived at was that we needed a CRM system for the firm.
