Is a Franchise for You? Making the Right Decision on Starting a Franchise

by Rayna Gokli April 15 2008, 21:12
I. Introduction

Starting a franchise can be a lucrative business. However, franchising is also an expensive start-up venture and can have significant legal consequences if not done properly. This article will first define a franchise and discuss the different types. It will then discuss financing a franchise and the legal issues of starting a franchise. Finally, the article will conclude by discussing the best way to go about starting a franchise. [More]

Lawyer-Turned-Entrepreneur: How the Collision of Diverse Careers can Blend into Success

by Kate Imp April 7 2008, 16:12
I. Introduction



At first glance, it looks as though lawyers and entrepreneurs don't have much in common. The legal profession "offers a low-risk (if high-stress) means to a long, relatively well-paid, and tightly-controlled career at a privately-held law firm or government position." [1] The path of an entrepreneur, on the other hand, offers a high-risk means to a career with no guarantees or definite returns on investment. [2] Yet, more than ten percent of the CEOs in the Forbes 500, a list of the 500 largest public companies in the United States, are former lawyers. [3] How did this happen? According to Gregg Engles, former lawyer and current CEO of Dean Foods, Inc., the discrepancy is simple. [4] "Many lawyers let knowledge of risk paralyze them. They focus exclusively on risk, while entrepreneurs focus primarily on opportunity. The person who can simultaneously perceive the opportunity and the risk has a competitive advantage." [5] [More]

Let Franchisees Decide to Arbitrate

by John Munro April 3 2008, 01:17
I. Introduction



Franchises are a strong component of the U.S. economy. In 2004, there were over 767,000 franchises in the United States which contributed 9.8 million direct jobs to the economy. [1] According to a 2002 study, half of the franchise agreements analyzed contained arbitration clauses. [2] With the passage of the Federal Arbitration Act and subsequent court rulings, a policy favoring arbitration has been established. [3] In fact, most courts will enforce arbitration clauses in a majority of the cases. [4] In contrast to this trend, both congressional legislation and court decisions have been seen to back away from an unwavering support of pre-dispute arbitration. Should the courts and congress become more involved in the use of arbitration in the context of a franchise relationship? [More]

Liability Protection: The Keystone of a Successful Business

by Rayna Gokli March 8 2008, 21:13
I. Introduction

For an entrepreneur, starting a new business can be a fulfilling venture. However, if the company and its assets are not properly protected, the risks that come along with such an endeavor can prove to be costly. This article will first discuss the agency issues that arise in a litigious society. It will then explain the process for retaining liability insurance. Finally, it will conclude by suggesting some simple ways a new business owner can ensure he or she will receive maximum liability protection. [More]

Zoning Regulations Need to Keep Pace

by John Munro February 27 2008, 01:19
I. Introduction



Many Americans take the plunge and start a small business. The predominant form of small business in the united States is home-based business. [1] Nearly 8,500 new home-based ventures are started each day with one in ten U.S. households conducting some type of home-based business. [2] Although many local zoning regimes started with the same intentions they have led to varying restrictions which may not appropriately balance the concerns of neighbors against the benefits and characteristics of all current home-business. [More]

The Mail-Order Bride Phenomenon

by Patrick Mills February 21 2008, 12:58
IN A WORLD OF RISING GLOBALIZATION HOW DO THE LAW AND INDUSTRY GENERATE SAFE OPPORTUNITIES FOR PEOPLE TO MEET ONLINE IN DIFFERENT NATIONS?

Contrary to popular depiction in the media and amongst the populace of western countries, the idea of a ‘mail-order bride’ no longer exists in the classical sense; in the 18th and 19th Centuries, women such as the ‘casket girls’ of New Orleans were often ordered through catalogs or sent to colonies by their Governments to marry settlers and maintain the harmony and prosperity of the colony. [1] Nowadays, the term generally refers to women from developing countries that use introduction services such as Anastasia International ( HYPERLINK "http://anastasia-international.com" http://anastasia-international.com) to meet and possibly marry men in first world countries. [2] The common misconception, at least with regard to women in the Commonwealth of Independent States (the former Soviet Union), is that they are coming to this country to escape political or economic turmoil in their own. [3] The following article will dispel the myth of the ‘mail-order bride’ and explain the legal concerns regarding safety and security for both men and women looking to meet someone internationally. [More]

Labor and Employment in the Workplace: A Hiring and Workplace Guide for New Business Owners

by Rayna Gokli February 13 2008, 21:15
I. Introduction

The process of starting a business that relies on outside employees is time consuming and often confusing. However, with the aid of a qualified attorney and the implementation of the proper procedures, an entrepreneur may be able to safeguard himself against many of the risks of bringing other people on board while reaping the benefits. This article will first discuss the basics of hiring a qualified employee and suggest an organization for a family run business. It will then discuss the implications of non-compete agreements, existence of trade secrets, and creation of pension plans. Finally, it will conclude by discussing the implications of retaining an attorney to aid in the employee hiring process. [More]

The Young and the Restless: the Inevitable Trend of New Graduates towards Solo Practice

by Kate Imp February 2 2008, 16:14
I. Introduction



The word is out--as of 2007, big law firms have boosted their starting salaries to as high as $160,000. [1] Moreover, NALP has released its employment statistics for the Class of 2006, boasting a 90% employment rate for new graduates. [2] If these statistics sound too good to be true, it's because they are. The much publicized "BigLaw" salary only accounts for 14% of new-graduate salaries. [3] In fact, 42% of new graduates last year received less than $55,000. [4] What does this mean? It means that graduates, who don't attend top-tier law schools and don't score at the top of their class, are struggling to find jobs that will cover both living expenses and law-school debts; which can exceed well over $100,000. With job prospects looking grim, many recent graduates are turning to solo practice, hoping to create the dream career and salary that nearly dissolved when reality first set in. [More]

The Art of Registering a Business: Picking the Right Method of Registration for Your New Business

by Rayna Gokli November 14 2007, 21:16
I. Introduction

Starting a new business can be a scary venture for a new entrepreneur. Beyond picking a location, hiring personnel and establishing a clientele base, deciding how to register the business can be an important decision with lasting implications. There are five main categories under which a new business owner can register his or her new business: sole proprietorship, general partnership, limited liability partnership, limited liability company or corporation. This article discusses the pros and cons of registering under each of the five categories and the legal implications of each option. [More]

The Case for Internet Piracy

by Patrick Mills October 15 2007, 13:03
So what’s the big deal about Internet piracy you ask? According to Chellappa et al., the rate of software piracy in the Asia-Pacific region has been estimated at 53% for 2004, and over 90% in Southeast Asian countries. [1] Piracy costs US firms nearly $60B a year and has shaved 373,000 jobs out of the United States economy. [2] However, losses that businesses realize regarding piracy have one fatal flaw – they assume that every product that is pirated would otherwise have been purchased at full market price. [3] This assumption is wrong because it ignores the basic rules of market theory. [More]

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