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Hidden and Creeping Franchise Fees
December 31, 2015
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a "fee" to the franchisor or its affiliate. The term "fee" is broader than it might first appear.
Verdicts
December 31, 2015
Analysis of a key ruling involving a change of domicile.
Law Firm Marketing and Business Development
December 31, 2015
Change is constant and hard ' and usually lumpy. This is especially true when it reaches the core of how an organization operates and goes to market.
Leasing and Finance Industry Economic Outlook
December 31, 2015
The Equipment Leasing & Finance Foundation's 2016 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
Measurement Standards in Commercial Leases and the Right to Remeasure
December 31, 2015
Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests sample lease language for both landlords and tenants.
<b><i>Practice Tip:</i></b> Cross-Examination Using Learned Treatises
December 31, 2015
Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed.
Collaborative Arrangements And Physician Liability
December 31, 2015
There was a time when people who were sick or pregnant would go to the doctor's office and be examined and treated by a physician. As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided not by physicians, but by other health-care professionals, such as nurse practitioners and midwives.
Filmmaker Loses Publicity Claim; Can Proceed With Infringement Claim
December 31, 2015
Florida law does not prevent broadcasters from using a filmmaker's name to introduce his film, regardless of whether the broadcast is authorized, the U.S. District Court for the Southern District of Florida found.
FINRA's Hunt for Insider Trading Cases in Illiquid Markets
December 31, 2015
Over the last several years, the Financial Industry Regulatory Authority (FINRA) has continued to emerge as a consequential securities transaction regulator, acting in the stead of the traditional authority imposed by DOJ and the SEC. Certainly, this manner of delegation of a prosecutorial function to an administrative agency has been the subject of criticism.
Standing to Assert Claims for Online Privacy Breaches
December 31, 2015
Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.

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