FTC Staff Report on Franchise Rule Attracts Many Comments
November 30, 2004
In general, commenters were supportive of the proposed rule changes and praised the FTC for its detailed approach. An introductory statement in the comment from the law firm Kaufmann, Feiner, Yamin, Gildin & Robbins LLP (New York) called the Staff Report "a remarkable effort to ascertain, and as prudent, incorporate ... the desires, needs, and policy positions both of franchisors who will be regulated by the forthcoming revised Franchise Rule, and franchisees whose interests are sought to be protected and advanced thereunder."
Contractual Jury Waivers: New Case Before California Supreme Court Presents a Challenge
November 30, 2004
A closely watched case now before the California Supreme Court will impact the way equipment lessors do business. In <i>Grafton Partners L.P. v. Superior Court,</i> 9 Cal.Rptr.3d 511 (2004), the California Court of Appeal held that predispute contractual jury waivers are unenforceable under the California Constitution. The case has been accepted for review by the California Supreme Court, and a decision is expected next year.
Managing Unfunded Partner Retirement Plans: Now's The Time To Consider Alternatives
November 30, 2004
Partnerships often provide supplemental retirement benefits to their partners. These plans were established many years ago, and in many cases, do not achieve many of the business objectives for the modern law firm. <br>This article will cover the origins and objectives of these programs and assess their modern day relevance. The article will discuss prominent current objectives a firm might have with respect to retiring partners, identify HR solutions to meet them, and suggest change management strategies to manage their unfunded retirement plans to satisfy both younger and older members of the firm.
Law Firm Performance 2004 ' Highlights
November 30, 2004
For the industry as a whole, the economic performance of law firms in 2004 was quite good. Indeed, given the overall state of the national economy and the dire early predictions of some pundits, the performance of the industry was remarkable. Much of this positive performance was, of course, attributable to the continuing strength of litigation practices as well as, to a lesser extent, bankruptcy and reorganization activity.
Lessons In Leadership
November 30, 2004
Law firms are a natural breeding ground for developing strong, effective leaders. Most often though, when selecting an attorney to assume leadership responsibilities for their practice group, office or as managing partner, the nod goes to the most financially successful attorney who has established a baseline of trust as a knowledge-based expert with clients. Is it any wonder that when these very successful attorneys who are superb at maintaining client relationships by keeping their nose to the grindstone and practicing law without interference from the firm, often stumble when thrown into leadership roles where expectations dramatically shift to the care and feeding of others within the firm?
Around the Firms
November 30, 2004
After 3 months of talks, Boston-based Ropes & Gray and New York intellectual property firm Fish & Neave have decided to join forces.
More on Same-Sex Relationships
November 29, 2004
The recent developments in the creation and recognition of relationships among same-sex couples have developed a momentum which, like it or not - the recent laws passed by 13 states banning gay marriage, notwithstanding - must be recognized and understood by family lawyers and other related practitioners in the areas of tax, estate planning, adoption, and other financial and interpersonal disciplines. <i>See</i> Wilson R: The Changing and Conflicting State of Same-Sex Marriage. <i>The Matrimonial Strategist</i>, November 2004.
Spousal Opportunity: Does It Exist?
November 29, 2004
Shortly after the entry of a divorce judgment, matrimonial litigants walk away with their respective pieces of the marital estate (sometimes with support or distributive payments to follow) and begin separate lives with separate interests. However, without adequate protections under the law, the value of the marital estate before that pivotal moment (and the value of each litigant's post-termination estate) could have been diminished by the actions of the other spouse. For this reason, some concept of a fiduciary obligation between spouses exists in the majority of the states. Whether in equitable distribution jurisdictions or community property jurisdictions "spouses must manage marital property with care shortly before the termination of the marriage to ensure that the full value of the marital estate gets divided justly according to the prevailing system of distribution.
Quarterly State Compliance Review
November 29, 2004
This edition of the Quarterly State Compliance Review looks at some of the significant legislative enactments and court decisions from the last 3 months, including two Delaware Chancery Court decisions dealing with the duty of disclosure.
Should You Tell Employees How Their Company Can Get Immunity From Prosecution?
November 29, 2004
The landscape has changed for many senior executives and other employees of corporations subject to government investigation. Two recent cases show how prosecutors virtually forced companies to "turn in" suspect executives and other employees to avoid prosecution. Amendments to the Sentencing Guidelines, effective Nov. 1, 2004, incorporate this change in the way courts will assess a corporation's compliance program.
