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Court Watch
Franchisor Potentially Liable for Failure to Contribute to Advertising Fund
The U.S. District Court for the District of Massachusetts has denied a franchisor's motion to dismiss a class action complaint brought by a group of franchisees alleging that the franchisor breached its franchise agreements when it failed to put advertising fees collected from franchisees that underreported gross sales into the advertising and sales promotion fund, and instead diverted the fees to its own account. Moghaddam, et. al. v. Dunkin' Donuts, Inc., 2003 WL 22519474 (D. Mass. 2003).
The plaintiff franchisees owned and operated Dunkin' Donuts shops throughout Broward County, FL. Their franchise agreements obligated them to pay monthly franchise fees of 4.9% to 6.99% of gross sales and to make monthly advertising contributions to the Dunkin' Donuts of America, Inc. Franchise Owners' Advertising and Sales Promotion Fund (the “Advertising Fund”) of 5% of gross sales.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.