Ask the Coach
This month's questions:<p>What do you do when, despite having a good relationship with a client, you struggle to reach agreement on such things as rate increases, staffing, etc. <p>In the interest of cross-selling, I often have a colleague or two accompany me on initial sales calls. How do you manage or choreograph interaction among three to four people? <p>At some point in any sale, buyers usually request references. What's the best way to handle this?
Sorry Airlines! Let's Take Legal Meetings Online
I can see it now: U.S. airlines continue to struggle because some of their most frequent fliers - attorneys - are turning in their wings. No longer do we need to fly nearly as often to client meetings or to interview key witnesses on our most pressing cases. Why? We now have e-meetings, specifically e-meetings from Tempe, AZ-based VIACK Corporation. Sad for the airlines; good for us!
News Briefs
Highlights of the latest franchising news from around the country.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
<b><i>Clause & Effect</b></i>Challenges in Drafting Clauses to Arbitrate
Parties to entertainment industry agreements often include a provision for the arbitration of contract disputes. This may be motivated by the lower cost and less formality than court proceedings that arbitration can offer, as well as the ability to keep arbitrated disputes out of public view. But the simple language of an arbitration clause can lead to challenges over whether the arbitration process was proper.
The Survey Says...
Preliminary results from our legal spending survey shows general counsel balancing an increased need for outside counsel with pressure to reduce costs.
Out of Bounds: Radius Restrictions in Shopping Center Leases
A common restrictive covenant in shopping center leases is the so-called "radius restriction," a lease provision that prohibits a tenant from opening a competing establishment within a proscribed distance from the present location. Typically, a radius restriction goes hand in hand with a percentage rent provision, which allows the landlord to participate in the tenant's gross sales after a certain threshold or "break point" is achieved.
Strategies for Securing Against Tenant Defaults
Part One of a Two-Part Series. This two-part article describes some of the strategies that a landlord might utilize to protect itself from the impact of a tenant default or bankruptcy as it structures leasing transactions. The realization that landlords have become more security conscious will cause tenants to prepare themselves better to structure a deal that will accommodate the landlord's needs with the least possible burden.<p><i>Part One of a Two-Part Series</i>
Costs of Being Public Rise 90% under Sarbanes-Oxley
<b><i>A New Study Confirms What Has Been Thought All Along</i></b> Costs directly associated with being public have almost doubled as a result of Sarbanes-Oxley (the Act), with more increases on the way, according to a study by our national law firm, Foley & Lardner. The rise in costs, which affects all public companies regardless of market capitalization or revenue, largely is driven by increases in accounting fees, director and officer insurance premiums, and legal fees.
