News Briefs
January 01, 2004
Highlights of the lastest franchising news from around the country.
No 'Doublemint' Pleasure for Global Franchisors
January 01, 2004
The globalization of American franchise networks is one of the hallmarks of franchising's explosive growth during the past three decades. The International Franchise Association (IFA) notes that during the past decade, almost half of all units established by U.S. franchisors were situated outside of this country. Approximately 500 U.S. franchise networks have a global presence. McDonald's, now in 119 countries, features more than 10,000 foreign franchises; 7-Eleven, more than 18,000; YUM! Brands Inc. (Pizza Hut/KFC/ Taco Bell/A&W/ Long John Silvers) more than 11,000 (adding 1,000 new restaurants a year during the past 3 years); and, InterContinental Hotels Group (the franchisor of Holiday Inns, InterContinental Hotels, and Staybridge Suites) nearly 1,000. <br>However, a recent intellectual property decision handed down on Oct. 23, 2003 by the European Court of Justice threatens not only established American franchisors doing business on that continent, but those thinking of joining their ranks.
State Farm Agents Seek to Prove Franchisee Relationship with Insurer
January 01, 2004
Discovery will be completed this month in a lawsuit brought by the National Association of State Farm Agents (NASFA) for breach of contract and violation of franchise laws. The case, which is in the Superior Court for the District of Columbia, has already generated important rulings for franchisors and franchisees about whether the trade association has the standing to sue as a representative of its members, and whether the case should be heard in state or federal court.
Webinar Review: How to Earn Respect and Advance Your Career
January 01, 2004
How does a marketer get respect in a law firm? According to a panel of experts, it starts out with support from the top and comes down to knowing what value your firm perceives from your role. Marketers then must determine whether they possess the right skills and enthusiasm to fulfill the firm's mandate ' or else look for respect elsewhere.
Keys to Good Presentations: 15 Rules for Getting Asked Back
January 01, 2004
One of the great keys to business development is the old adage, "Write, speak, sell." If you have figured out how to get into the media often enough to be perceived by your target audiences as an expert, then you will invariably be asked to speak at their conferences and meetings. This is your chance to develop personal relationships that lead to trust and, subsequently, new business. If audiences enjoy a speech, they are far more likely to want to create a relationship with you afterward. From such relationships flow the best business development opportunities. Unfortunately, most speakers, no matter how professionally qualified, focus on the substance and forget about the entertainment value of presentations.
The Early Warning Signals of a Potential Media Crisis
January 01, 2004
Sixty-two percent of Americans equate "no comment" with "we're guilty", and the numbers have only gone up since Enron. A legal media strategy based on "no comment" is increasingly likely to lead to danger. An increasingly sensitive legal profession is confronting the same challenge on an almost daily basis: "I understand I need to be more vigilant about helping my client, and my own firm, navigate the landmines of high-profile cases. I know I need the skills to work with media professionals once the case goes public, but is there anything I can do before a problem gets dumped on my lap? How do I recognize the early warning signs of a potential crisis now, not when the reporters start calling?"
12 Steps to New Business
January 01, 2004
The economy is not good and has been troubled for years. Businesses continue to cut expenses, and more and more individuals and companies enter bankruptcy every day. Large law firms struggle. Does that mean that solo practitioners and small law firms should just give up? No. There is plenty of legal business out there. Lawyers just have to work to get it. And whether you work in a firm's marketing department or consult attorneys on marketing themselves and their firm, here are some methods for getting that business.
Outside Counsel; Dictionaries and Claim Construction
January 01, 2004
Claim construction ' the definition of a patent's scope ' is critical in virtually all patent lawsuits. In many cases there is no dispute about the structure and operation of the accused product, and claim construction becomes dispositive.
File Early and File Often: A Pending Application is the Best Approach to Capturing Your Competitor's Product
January 01, 2004
Your client has invented a platform technology that creates a new product, industry or way of doing business. Early in the development of the new platform, a detailed patent application is prepared, filed and prosecuted to allowance. Before allowance, a well-funded competitor begins using the patented technology. When the patent issues, a cease and desist letter is sent. The competitor denies infringement and a lawsuit is filed.
Entrepreneurial Trends in University Tech Transfer
January 01, 2004
Research universities have long engaged in technology transfer ' most since the 1980s or earlier. Academic researchers are a source of significant innovation. Universities have the right (and in some cases the obligation) to patent and exploit such inventions, and patenting university technology is well accepted by most universities and their stakeholders. The recipe was supposed to be simple: patent a handful of inventions from university labs, license them for a comfortable royalty, and sit back and enjoy the revenue.
