Point: Shootout Between Lawyers and Consultants
September 16, 2003
Five years ago, professionals who served the business world were actively seeking ways to blend across various professions. Accounting firms practiced law; law firms did consulting; and consultants practiced law. In large measure, the same still holds true today, but each of us is a little more reluctant to step out of his zone of comfort. In the post Enron/ Worldcom/Tyco environment, many professionals are on edge.
Counterpoint: A Consultant's-Eye View
September 16, 2003
Tension often exists between lawyer and consultant because many issues do not neatly fall into purely legal or purely business buckets. Consultants chafe at lawyers who make recommendations concerning business strategies that they feel are inappropriate or based upon limited knowledge or research. Lawyers chafe at consultants 'practicing law without a license.' Indeed, from the viewpoint of the professional consultants, the practice of business without due care by lawyers is as risky (maybe more so) for the client as is the practice of law by the non-lawyer.
NEWS BRIEFS
September 16, 2003
Highlights of the latest franchising news from around the country.
BRIEFS
September 13, 2003
Highlights of the latest franchising news from around the country.
COURT WATCH
September 13, 2003
Highlights of the latest franchising cases from around the country.
INTERVIEW
September 13, 2003
In this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.
South Korea Enacts Franchise Legislation
September 13, 2003
The recently enacted South Korean Act on Fairness in Franchise Transactions (AFFT) went into effect on Nov. 1, 2002. According to the Korean government, the purpose of the AFFT is to establish 'fairness in franchise transactions and promote balanced and mutually complementary development on even terms between a franchisor and a franchisee for purposes of advancement of consumer welfare and a sound national economy.'
Damages from Defaulting Franchisees: More Options Than You Think
September 13, 2003
When the relationship between a franchisor and a franchisee breaks down, one might think the standard measure of damages is just the lost franchise fees. However, just as a simple failure to perform is not the only type of wrong suffered by franchisors, unpaid fees are not the only types of damages available. This article examines a number of cases in which the franchisor's claims — and claimed damages — were outside the ordinary.
<b>Decision of Note</b>California Further Defines Transformative Use
September 13, 2003
The California Supreme Court has held that the First Amendment protected D.C. Comics against a right of publicity claim brought by Johnny and Edgar Winter, well-known musicians from Texas, based on a series of comic books that incorporated the Winter brothers as characters, albeit transformed into the 'Autumn Brothers' as villainous half-worms.
