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Can We Resolve Franchise Disputes Faster, Cheaper and Better?
Franchisors and franchisees alike are frustrated with litigation. It costs too much, takes too long, and diverts both sides from their core mission ' building the brand. In recent years, we have seen different approaches to alternative dispute resolution, some of which have worked better than others. Even though the vast majority of lawsuits and arbitrations settle before judgment or award, there is an enormous cost and waste of resources involved in the ordinary settlement process. What is needed is a new way to resolve differences between parties that is faster, cheaper, and better.
Resolving franchise disputes early is an important goal for both franchisors and franchisees. Both parties presumably prefer to focus on business rather than litigation, and both have the economic incentive for the franchisee and the entire brand to prosper. If the parties can be convinced that it is in both their interests to enter into candid negotiations before they file suit or demand arbitration, they can avoid wasteful litigation.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.