Revisiting MLF 2008: What You Missed!
        
      December 19, 2008
    
 At the beginning of a new year, we always look back on the year that was. The Year in Review, beginning herein, will present a pared-down reprint of one article from each of the last 12 issues of MLF (six articles this month and six next month).
 
        Equitable Distribution of the Appreciation in Value of Separately Owned Residences
        
      December 18, 2008
    
 In last month's newsletter, the authors discussed recent case law concerning the equitable distribution of the increased value of separately owned primary and secondary homes. Not all of these cases are in line with one another, leading them to the question: "How are courts really deciding who will benefit from increases in value in separately owned homes?"
 
        Practice Tip: Expert Witness Selection
        
      December 16, 2008
    
 This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
 
        Switching to Fixed Operating Costs
        
      December 15, 2008
    
 By carefully analyzing those items that are included in Fixed Costs, those items that are excluded from Fixed Costs, and the manner by which Fixed Costs will be escalated each year, a tenant can effectively convert from the payment of a proportionate share of additional rent expenses to the payment of a Fixed Cost expense. Here's how.
 
        The Art in Marketing Strategy: Creativity vs. Memory
        
      December 10, 2008
    
 Many years ago, I worked at an ad agency whose creative director boasted of his ability to generate good advertising ideas. The problem was that his ideas weren't very good. His ad campaigns usually fell short of objectives, or at least, generated no excitement; nor were they very competitive. They rarely were the right ideas for the campaigns involved. After a while, I figured out what was wrong. The problem was that he wasn't creating, or even thinking. He was remembering.
 
        e-Curing the Holiday Humbug
        
      November 26, 2008
    
 Anyone trying to keep an e-commerce site afloat didn't ' and still doesn't ' need to read the newspaper to realize the business downturn: the grim news appears every day in the cash till, in the aging-of-receivables report, and in overdue payables. While the down times are as inevitable a part of a business cycle as the booming times, that realization doesn't satisfy the bank, the critical vendor at the door or the payroll processor that must be paid.