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Is It Time to Rebuild the U.S. Franchise Regulatory System?
If you took a snapshot of all the laws and regulations governing franchising in the United States in 1979, and then took another snapshot of all the laws and regulations governing franchising today, you would find them very similar. While the rest of the world, including franchising, has been dynamic and constantly changing, franchise regulation has been, essentially, static.
Background
A quick history lesson: Most state franchise sales and disclosure laws and franchise relationship laws were enacted in the first half of the 1970s. The Federal Trade Commission's (FTC) Franchise Disclosure Rule went into effect in 1979. Since then, there has been one successful effort to modify the FTC Disclosure Rule, in 2007; a few amendments to existing state disclosure and relationship laws; and new laws adopted in a couple of jurisdictions, namely New York, Iowa, Delaware and Rhode Island. A couple of states have also eliminated or modified their filing requirements under their state disclosure and sales laws. But, overall, a Rip Van Winkle franchise attorney, having been asleep for some 35 years, could wake up today and, for the most part, continue where he had left off. Moreover, he would discover, after only doing a little bit of due diligence, that the courts had rendered only a few life-changing decisions during this period.
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.