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Court Watch
Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors
Most franchisee practitioners will admit that fraud and similar cases are difficult litigation that much more often than not lead to judgments in favor of the franchisor. An exception to this status quo can be found in Legacy Academy v. Mamilove, LLC, 761 S.E. 2d 880, Bus. Franchise Guide '15,336 (Ga. Ct. App. 2014, cert. granted , Nov. 3, 2014), where the franchisee received a victory against a day care center franchisor based on fraud and other theories that are not often franchisee successful. In particular, claims in this case were made under a Georgia statute that, essentially, gives a franchisee an indirect cause of action under the Federal Trade Commission's Franchise Rule, plus the franchisee also asserted claims under the Georgia RICO statute, for negligent misrepresentation, and for rescission.
The most interesting of these theories are the ones granting the franchisee a claim based on the FTC Franchise Rule violation and the fraud claim.
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.