Tax Nexus Update for Franchisors
May 26, 2005
Franchisors thinking of expanding into new jurisdictions, and even those that are not changing anything, should be wary. State and local governments, in this time of deficits, are constantly looking for ways to increase their revenues by broadening the scope of their taxes.
Eureka v. Wentworth: Further Erosion of the 'Hell or High Water' Principle
May 26, 2005
A fundamental tenet of equipment leasing has been the concept of "hell or high water" rental payments. Once the lease is signed and the lessee accepts the goods, then the lessee's promises under the lease become irrevocable, especially the promise to pay rent. The draftsmen of UCC Article 2A recognized this critical element and codified it with respect to a finance lease in UCC §2A-407(1)-(2) (all citations herein refer to Uniform Commercial Code Article 2A pre-2003 revisions). A finance lease is a particular type of "true" equipment lease in which the lessee itself selects the item of equipment it wants and instructs the lessor to acquire it for lease to the lessee. UCC §2A-103(g). A finance lessor is neither the manufacturer nor supplier of the item of equipment; it is merely providing the money. Article 2A of the Uniform Commercial Code (the "Code" or the "UCC") extends certain benefits to finance lessors, one of the most important of which is that the lessee's promises are not subject to termination, modification or repudiation; in other words, the lessee must comply with them come "hell or high water." UCC §2A-407(2)(b).
Online: Explore Consumer Advocacy on the Web
May 26, 2005
Public Citizen ("PC") is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts. Its Web site is located at <i>www.citizen.org.</i>
Establishing a Dominant Market Share
May 26, 2005
I see a lot of law firm strategic plans that talk about "establishing a position of dominance" or "being preeminent" in an area of practice, an industry or a geographic area. In my mind these are precisely the kind of market-driven, externally focused goals that law firms should be setting for themselves. The obvious question, however, is how does a law firm know whether or not it has created a position of dominance?
Career Paths for Law Firm Accounting-Financial Professionals
May 26, 2005
This two-part article explores career path opportunities for individuals who have an accounting or finance background and experience working with law firms and attorneys. Part One focuses on opportunities to consult as an external service provider.
Views From the Blawgosphere
May 26, 2005
Web logging is an increasingly popular medium of expression, but many blogs (or "blawgs" as legal blogs are called) offer musings that are not useful or even credible. By contrast, <i>A&FP</i> Board member Ed Poll, long on the forefront of communication technology, provides comments with actual substance at www.lawbizblog.com. Here's a sampler to introduce our readers to Ed's online thinking.
Dominance in the Details
May 26, 2005
Ed Wesemann's book Creating Dominance provides an impressively coherent guide to strategic thinking for law firm planners. The book draws on Wesemann's…
Let's Get Relevant
May 26, 2005
Tremendous volumes and increasing varieties of electronic information create onerous burdens for corporations dealing with discovery requests, internal investigations and response to regulatory agencies. <br>To help combat this technology burden, corporations are employing document-analysis technology to accelerate the identification of relevant information. An emerging best practice, this approach yields considerable cost and time benefits that help law firms reduce discovery risk and expense for their clients.
Electronic Data Discovery: It's All About Access
May 26, 2005
In last month's newsletter, author Trey Wilkins covered the impact of non-native file restoration on the field of e-discovery, how the method works, and how to eliminate data-retrieval barriers. This month, a look at how non-native restoration has been used with great success in a variety of situations by numerous organizations.
