Intellectual Property Transfer Pricing and Taxation
May 02, 2005
Multinational companies with distributed operations and geographic centers of specialized activities tend to transfer intangibles including intellectual property assets among their various affiliates. These transfers between entities are priced at levels that approximate fair market value and are simultaneously consistent with every company's duty to maximize shareholder value. Tax authorities have long complained that multinationals are setting international transfer prices to avoid taxes by lowering income in high tax jurisdictions and raising income in low tax jurisdictions. In theory, a multinational should not suffer prejudice in such a case (beyond the payment of appropriate penalties) because international tax treaties contemplate adjustments; the underpayment would be collected and the overpayment refunded in each respective jurisdiction. As a practical matter however, there is a real risk of double taxation since sovereign tax authorities may come to disagree on transfer pricing levels.
Internet Usage Threatens Existence of Concurrent Use Registrations
May 02, 2005
In a rare concurrent use decision, <i>Hubcap Heaven, LLC v. Hubcap Heaven, Inc.</i>, Concurrent Use No. 94001147 (Jan. 25, 2005) [not citable], the Trademark Trial and Appeal Board ("TTAB") questioned the continued viability of concurrent use registrations in the face of the Internet's global reach. Concurrent usage is based on the premise that two owners of the same trademark for competing goods and services can coexist by carving out strict geographic territories for each user. The Internet, however, has no geographic boundaries.
News Briefs
May 02, 2005
Highlights of the latest franchising news from around the country.
Nigerian Franchising: Making Your Way Through the Thicket
May 02, 2005
Business franchising, once principally a U.S. phenomenon, has come of age as a global phenomenon. In particular, the explosive growth of international franchising in developing economies has brought tremendous opportunities for both franchisors and franchisees. One country, however, until late, has been conspicuously absent from the list of developing countries that have benefited from franchising ' Nigeria. A massive bureaucracy and a complex web of regulations have ensured that Nigeria remains one of "the last frontiers" for international investment. However, the Nigerian government has become increasingly committed to creating a conducive atmosphere for foreign franchise investment and, with effective counseling, franchisors can effectively negotiate their way through the thicket to the lucrative market within.
Law Firms Gain, But With Big Caveat
April 29, 2005
Law firms are back ' sort of. <br>Revenues and profits were up by nearly 10% in 2004, a clear sign that firms have shaken off the tech bust slump. <br>But even as the biggest legal shops are reaping the harvest of a buoyant economy, they face some difficult choices ahead to maintain revenues ' and to grow profits.
Around the Firms
April 29, 2005
This Month:<br>Ex-Partners Sue Townsend for Cut of Fees<br>L.A. Firm Brings Johnnie Cochran Name to San Francisco
Baby-Boomer Partners In Transition
April 29, 2005
The ranks of law firm partnerships include tens of thousands of "baby-boomer" partners (BBPs), born between 1945 and 1955. These attorneys are now ages 50-60. Surprisingly, little has been written about the expectations and needs of BBPs or the expectations, needs and strategies (if any exist) of their law firms and fellow partners as to BBPs. Moreover, law firm partners both younger and older than their BBPs may be substantially affected by their law firm's strategies for and treatment of the baby-boomer generation. <br>This two-part article illustrates the expectations, intentions - and tensions - of baby-boomers and their firms, respectively, by using two models. Of course, there can be as many variants as there are BBPs, with numerous potential responses to each unique situation.
Conference CD: Revenue-Focused Leadership
April 29, 2005
Attention group leaders, marketing partners, department heads, managing partners and marketing professionals. If you are charged with leading the efforts of others to develop more business for your firm, this web audio conference event is for you.
