Franchising is an effective way for brand owners to achieve rapid expansion through franchisee investment. But although widely utilized across a variety of industries, franchising is not without its legal risks. Federal and state franchise laws can apply to a surprisingly broad spectrum of contractual arrangements, making it crucial for attorneys to remain vigilant and avoid creating “accidental franchises.” Regulatory issues and shifting trends – such as the NLRB’s expanded joint employer rule, increasing investment by private equity firms in both franchisees and franchisors, and the rise of alternate channels of distribution – also create opportunities and pitfalls in drafting and negotiating franchise agreements.

Careful drafting is key to unlocking the transfer tax benefits offered by Grantor Retained Annuity Trusts (GRATs). Balancing the demands of client control over asset investments and distributions alongside compliance and optimal trust performance can be particularly tricky. Understanding the economics is also essential for ensuring a GRAT accomplishes the anticipated financial goals. Be empowered to expertly guide your estate planning clients by joining us for this insightful webcast. It will explore strategic planning techniques aimed at maximizing GRAT benefits while minimizing associated risks. You’ll discover the advantages of adaptable drafting strategies that accommodate evolving family and tax planning dynamics, ultimately optimizing the effectiveness of a GRAT.

Behind every successful and long-term real estate joint venture is an effective operating agreement. Effective agreements shape governance, operations, and financial structures, leading to a long lasting and successful business arrangement. A poorly negotiated or drafted operating agreement has equal power and can unravel your deal before or after it is signed. Given the significance of operating agreements, your next one needs to be approached with finesse and with deal specifics as its focal point. Designed for real estate attorneys, investors, and industry participants, this course will show you how to negotiate and draft operating agreements that are music to clients’ ears.

Are you working with local counsel in another jurisdiction? Do you need assistance from an attorney with more specialized legal knowledge? Any attorney can find themselves sharing a client with another lawyer outside their firm. Working with co-counsel can be both rewarding and beneficial to a client, but also requires special consideration and care, as a variety of ethical issues and traps abound. This program will address those risks, the associated liabilities, and what the ethics rules and opinions say when two or more lawyers in different firms represent the same client.

A limited liability company (LLC) offers a unique combination of the flexibility of a partnership with the asset protection of a corporation. To effectively advise clients on LLC matters, you must have the knowledge to convey the purpose of an LLC agreement, as well as the relevant provisions that apply to the formation and growth of the company. You must also have the foresight to address legal issues and potential disputes that might arise between LLC members and managers.

Now 30 years strong, this popular, advanced program covers significant recent developments and how they affect estate planning practice. Featuring a nationally renowned faculty of estate planning lawyers, as well as Professor Emeritus Jeffrey N. Pennell, this webcast is designed for sophisticated practitioners who need to stay up-to-date on changes in the field!

The cannabis industry is a multi-billion-dollar industry despite an enduring federal prohibition on marijuana. As of February 2024, 24 states and the District of Columbia have legalized cannabis for recreational use, and another 14 states allow medicinal use. This growth has brought about increased demand from businesses for cannabis licensing within legalized jurisdictions and a growing need by the industry for legal counsel in such areas as licensing, corporate formation, tax planning, banking, real estate, creditor’s rights, and more.

Discover the best practices for navigating third-party subpoenas effectively to minimize disruption and potential legal complications. In this session, gain insights into the intricacies of responding to third-party subpoenas and learn strategies for avoid common pitfalls. Third-party subpoenas can be a useful discovery tool; however, those subpoenas may be disruptive and unfamiliar to the recipient – and to the party serving it. Moreover, as we emerge from the Pandemic and return to “normal” litigation practice, exploring key considerations such as in-person versus remote proceedings and cost allocation is critical for all parties. Whether you are a litigator or in-house, understanding your rights and responsibilities is crucial for protecting your client’s interests.

Increased interest rates, inflation, cash flow problems, and compressed returns on investment classes have negatively impacted the short- and long-term commercial real estate market across many sectors resulting in an increased number of commercial real estate leases in bankruptcy. When a commercial tenant has filed for bankruptcy, a set of rules and provisions, often contrary to the terms of the lease, are set into motion often curtailing a landlord’s rights under the lease. The Bankruptcy Code alters, sometimes dramatically, the normal contract rights and obligations of landlords and tenants regarding the timing and payment of rent, as well as the remedies available to enforce such rights and obligations. While it’s true that the Bankruptcy Code offers protections to both commercial landlords and tenants, it also raises a number of complex legal questions.

On April 23, 2024, the FTC implemented a rule banning noncompetes nationally amid increasing state-level scrutiny. This unprecedented rule intends to ban restrictive noncompete clauses between workers and employers which are declared to be an unfair method of competition. As written, the rule will prohibit broadly written confidentiality agreements, nonsolicitation agreements, no-hire agreements, and other restrictive covenants if they are deemed to prevent an employee from competing. However, employers claim the ruling is vague and ambiguously worded, leaving it open to future challenges. Given the significant impact of the FTC's new rule on employers and employees in virtually every industry, how should you be advising your clients about their current practices and what they should be doing now?