Outsiders As Overseers
August 16, 2004
In the wake of Enron, WorldCom, and other corporate scandals, corporate governance has come under the microscope. One reform that has been widely endorsed is the election of more independent, outside, nonexecutive directors to boards of publicly owned corporations. Outside corporate directors provide not only accountability but also perspective, diverse experience, and credibility. <br>Law firms might well benefit from outside directors in the same way. Indeed, some non-U.S. firms have already done so.
Successful Succession Planning For Law Firms
August 16, 2004
Succession planning is one of those management issues that rarely gets much attention until a senior partner or rainmaker announces plans to leave or retire ' and then the firm goes into crisis mode.
An Examination of the Hotel Industry and Multi-Branded Franchisors
August 10, 2004
Franchises dominate such industries as fast food, automobile, rental car, and cosmetics, but perhaps no business model is as dependent on franchising as the hotel industry. As a result, the hotel industry presents an interesting study on how multi-branded franchisors deal with unique issues affecting the relationships between the franchisor and its franchisee, suppliers and vendors, and the traveling public.
News Briefs
August 10, 2004
Highlights of the latest franchising news from around the country.
European Community Trademark: Two Tracks, One Destination
August 09, 2004
In late June 2004, the European Community acceded to the World Intellectual Property Organization (WIPO) Madrid Protocol on the international registration of trademarks. This development is likely to have a long-standing effect for U.S. trademark owners who wish to obtain trademark protection in the European Community. Indeed, since the inception of the European Community Trademark (CTM) system, U.S. applicants have positioned themselves as leaders in filing new CTM applications. According to recent statistics of the Office for Harmonization in the Internal Market (OHIM), U.S. trademark owners filed approximately 90,000 CTM applications, which constitutes close to 25% of all applications filed. For comparison, the second and third places taken by Germany and the United Kingdom, with 62,000 and 47,000 applications, respectively, are markedly behind the United States in CTM filings.
Online Contracts
August 09, 2004
Nearly 2 years have passed since the decision by the U.S. Court of Appeals for the Second Circuit in <i>Specht v. Netscape Comm. Corp.</i> threw what some thought was a large monkey wrench into online contract formation. The practical effect of the decision, however, has not been as significant as had been feared, and businesses operating in cyberspace continue to successfully reach online agreements with end users and customers. <br>As a close reading of the Specht ruling and other decisions make clear, "clickwrap" and other online agreements that meet certain basic requirements for contract formation are, indeed, enforceable.
Bit Parts
August 02, 2004
Recent developments in entertainment law.
Courthouse Steps
August 02, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Partner Compensation: Striking a Balance
August 02, 2004
Partner compensation is invariably the topic of most interest in every law firm. It is also a topic that involves the most fervent debate and encompasses the most varied points of view.
Basics Revisited: Evaluating The Profitability Of New Work
August 02, 2004
Your 50-attorney firm has been operating slightly under capacity; there is not enough work to keep all attorneys billing their standard hours. A prospect would like to engage the firm to handle all its litigation, which would mean a substantial number of guaranteed billable hours. Good news, right? This company, however, wants to negotiate a discounted rate and also wants specific partners to handle the work. Your initial instinct tells you to take on the work to keep the firm at maximum capacity. But will it be profitable in the long run? Should you take on the work? How can you decide?
