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From the IFA's Legal Symposium
In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations, such as airports, colleges and hospitals. These twin developments have been, for the most part, highly positive for the franchising industry.
However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD. In order to come to agreements with attractive franchisee prospects or to reflect the unique circumstances of nontraditional venues, franchisors have often had to abandon their take-it-or-leave-it attitude about their form contract. Moving on to the next candidate or the next venue in a tough economy isn't a recipe for brand growth. How franchisors can both satisfy their needs for standardization while meeting the circumstances that arise with sophisticated investors and in nontraditional venues was the subject of a session on advanced contract negotiating and drafting techniques at the IFA's 46th Annual Legal Symposium in May.
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.