Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Common Issues Franchisors Face When Franchisees Divorce
While the marital status of a franchisee may seem unimportant to most franchisors, with nearly 50% of all first marriages ending in divorce (and higher for second and subsequent marriages), it is inevitable that a franchisor will be asked at some point, on some level, to become involved in the divorce of a franchisee. Handling the issues that arise can ensure that the specific franchise unit(s) owned by the divorcing parties continue to thrive and that the brand is not damaged.
Discovery motions are typically the first area in which a franchisee's divorce will affect a franchisor. Divorce litigation involves discovering and obtaining many pieces of information regarding the assets, debts and income accumulated during a marriage. When the ownership and value of a franchise are involved in a divorce, the franchisor may be called upon for a variety of reasons, including producing information and documents associated with the franchise.
The franchisor can expect discovery will be issued in the form of a request for production of documents or a subpoena for deposition seeking, among other things, documentation about the franchise, including the following: the franchise agreement; royalty and revenue reports; the franchisee's income tax returns; profit-and-loss statements; balance sheets; leases associated with the franchise; customer complaint reports; the application to purchase the franchise (which might include a personal net worth statement from the franchisee); any promissory notes and guarantees signed by the franchisee; credit reports; criminal background investigations; and other personal information provided by the franchisee-owner concerning its prior employment and residential history. Generally, all of these documents are discoverable in a divorce action because they are used to decide the issues of equitable division or property, alimony and child support.
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.