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Counterpoint: A Consultant's-Eye View
Tension often exists between lawyer and consultant because many issues do not neatly fall into purely legal or purely business buckets. Consultants chafe at lawyers who make recommendations concerning business strategies that they feel are inappropriate or based upon limited knowledge or research. Lawyers chafe at consultants 'practicing law without a license.' Indeed, from the viewpoint of the professional consultants, the practice of business without due care by lawyers is as risky (maybe more so) for the client as is the practice of law by the non-lawyer.
Many consultants do not themselves employ lawyers to prepare documents for their clients because they believe that it is essential for the lawyer/client relationship to be direct and unencumbered. However, to a certain extent they must deal with legal issues in working with their clients just as lawyers must deal with certain business strategies.
For example, in-term and post-term covenants are legal considerations, but ultimately it will be the business necessity of those provisions that will determine their enforceability. The term and structure of the relationship, the obligation of the parties, and the initial and ongoing fees all have legal consequence, but it will be the return on investment for the franchisor and franchisees that will ultimately determine whether the economic structure of the franchise system is sound. Operations manuals content and training are mostly business issues, but issues concerning compliance with employment laws and vicarious liability issues raise their ugly head at times.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?