Betting on Litigation
October 30, 2006
For all the publicity that our litigious society generates, the decision to sue or not, or even to send a so-called lawyer letter, is often agonizing for any business owners or principals.<br>This dilemma is particularly strong for the smaller firms that compose so much of the e-commerce sector. While the media often perceives lawyers as nothing more than 'ambulance chasers' constantly looking for personal injury lawsuits to stock their personal treasuries, most businesses should prefer to resolve disputes outside the courtroom.
Marital Misconduct and Alimony
October 30, 2006
Decisional law in New Jersey has long expressed the view that alimony is neither a punishment for the payor nor a reward for the payee. <i>Aronson v. Aronson</i>, 245 N.J. Super. 354, 364 (App. Div.1991). Rather, it is an economic right that arises out of the marital relationship that provides a dependent spouse with a level of support and standard of living commensurate with the quality of economic life that existed during the marriage. <i>Stiffler v. Stiffler</i>, 304 N.J. Super 96, 99 (Ch. Div.1997) (quoting <i>Koelble v. Koelble</i>, 261 N.J. Super. 190, 192-93 (App. Div. 1992)).
Court Watch
October 30, 2006
Highlights of the latest franchising cases from around the country.
Competitive Intelligence: A Tool for In-house Counsel
October 30, 2006
Competitive Intelligence has long been used by corporate America to analyze trends, client feedback, and marketing strategies to get an edge. It's the newest buzzword among law firms to win more market share and retain clients. But it's barely a whisper in law departments, at least when it comes to selecting outside counsel.
The Human Side of Data Security
October 30, 2006
As headlines continue to report data security breaches at an alarming rate, discussion often focuses on the need for enhanced technical controls, such as two-factor authentication and encryption, to protect sensitive, personally identifiable information. The role of the company employee, both as the cause of, and the first line of defense against, security breaches is often lost in the analysis. Yet developing law is increasingly requiring administrative or procedural controls, particularly those directed at employees, as a component of a legally compliant security program.
Exploring Alternatives to the Franchise Model
October 30, 2006
We have all run into a situation where an existing or potential client has outlined a deal management wants to do (or, in some cases, has already done), which meets the legal definition of a franchise, but the client is adamant about avoiding the real or perceived burdens of being deemed a franchisor. Establishing a franchise system may require, among other things, compliance with franchise sales laws, public disclosure of financial statements, observing contractual limitations imposed by franchise relationship laws, and enduring the public image of being a franchise. There are a variety of distribution models other than franchising available to clients for structuring envisioned expansion. However, if certain elements are involved in the proposed transaction, creation of a franchise system may become legally necessary. This article addresses the issues practitioners face in advising clients in these scenarios and explores some of the various alternatives to the franchise model and exemptions from franchise disclosure law that are available to your clients.
<i>Book Review</i>: Understanding Standards of Value In Depth
October 30, 2006
Standards of Value: Theory and Applications, written by Jay E. Fishman, Dr. Shannon P. Pratt, and William J. Morrison, addresses the standard of value as applied in four distinct contexts: estate and gift taxation, shareholder dissent and oppression, divorce and financial reporting. The book is written in a fashion that will prove useful for judges, lawyers and practitioners to better understand the theory and conceptual underpinnings related to the various standards of value in both judicial and regulatory applications. The depth of the book in several areas reaches well beyond anything published to date with respect to how the recognized standards of value relate to these four very different purposes in application.
Risk of Lawsuits Over Legal Recruiting Fees
October 30, 2006
In May, just 1 month after Akin Gump Strauss Hauer & Feld announced Chang-Joo Kim had joined its New York office as a partner, the law firm cut a check to recruiting firm Boston Executive Search for $227,500. <br>But did it pay the right recruiter? New York search firm Sivin Tobin Associates says it sent Akin Gump a package about Kim last December, along with a term sheet. Sivin Tobin is now suing the law firm, alleging breach of an implied contract. In September, Manhattan Supreme Court Justice Jane S. Solomon denied Akin Gump's motion to dismiss.
Analyzing Law Firm Business Capabilities With Heat Mapping
October 30, 2006
Law firms have been largely unable to take advantage of modern business improvement methods such as Six Sigma and the Theory of Constraints ' complex techniques often applied to manufacturing processes ' with much success. Those methodologies are measurement-based strategies that focus on process improvement and variation reduction.
Revisiting Obviousness
October 30, 2006
Many technology companies believe the current law on obviousness hinders product development by extending patent protection to insignificant advances. The Court of Appeals for the Federal Circuit ('CAFC') reconfigured the obviousness framework established by the Supreme Court to limit the subjectivity of obviousness determinations by adding a 'teaching-suggestion-motivation' test, which is at the heart of a case the Supreme Court has recently agreed to consider. In <i>Teleflex</i>, the CAFC applied the 'teaching-suggestion-motivation' test in vacating a lower court finding of obviousness. <i>Teleflex Inc. v. KSR Intern. Co.</i>, 119 Fed.Appx. 282 (Fed. Cir. 2005). Substantially unchecked to date, this will be the first full hearing on the obviousness doctrine in more than 30 years.
