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Necessary Formality in Franchise Agreements
February 26, 2013
A recent federal court decision from Wisconsin suggests that expansive and formal franchise agreements are a necessary evil. A look at <i>Everett v. Paul Davis Restoration.</i>
Descending into Perpetuity
February 26, 2013
The the Rule Against Perpetuities is back in our lives. Here's why.
In the Spotlight: Developing Outparcels in Retail Projects
February 26, 2013
The ability of a developer to ultimately sell an outparcel for its maximum value often is dependent to a large degree on the legal status of the outparcel ...
Landlords' Withholding of Consent Under a Lease
February 26, 2013
Analysis of whether landlord's withholding of consent is unreasonable, absent a defining statute.
Non-Debtor Contract Counterparties in Bankruptcy
February 25, 2013
What happens when a counterparty seeks protection from the risks in continued performance under a contract with a debtor in bankruptcy.
DIP Financing Agreements
February 25, 2013
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and discusses the effect of pre-petition indemnifications on the bankruptcy estate.
A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist
February 25, 2013
Transactions that closed more than four or even six years post-transfer, nonetheless may be subject to an avoidance action for recovery of a fraudulent transfer.
Movers & Shakers
February 25, 2013
Baker Tilly Virchow Krause, LLP recently welcomed John Salza as a principal in charge of tax accounting methods. In this role, Salza lends his expertise to tax engagements across Baker Tilly's industry practices.
Profiting from the Learning Curve
February 25, 2013
A recent study published by Altman Weil listed the ways in which chief legal officers would like to see their outside counsel embrace service improvements and innovation. The top four responses were greater cost reduction, non-hourly pricing, more efficient project management and improved budget forecasting. To anyone paying even cursory attention to the legal marketplace in the last half decade, these should not come as a surprise.
Pension Funding: A Program to Maximize Pension Growth and Limit Volatility
February 25, 2013
With proper planning, a pension can meet regulations, be funded to the acceptable green zone levels (80%) and reduce the annual net periodic pension funding requirement.

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