Legal Research

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Franchising 
Wednesday, March 31, 2010
By Rupert M. Barkoff

 "Rupert M. Barkoff, a partner in the Atlanta office of Kilpatrick Stockton, writes: It has now been almost 20 years since the Rule of Thirds, a hypothesis based on "anecdata" that took on a life of its own, made its appearance, and I am sorry to report that the sentiment within the franchise community is that we are not any closer today in developing a useful measure of success than we were back then."

Wills, Estates and Surrogate's Practice 
Wednesday, March 31, 2010
By Peter C. Valente and Herbert Bockstein

"Peter C. Valente and Herbert Bockstein, members of Blank Rome, write: It is not uncommon for an attorney, or an attorney's client, to be named successor trustee in a trust agreement or appointed successor by a resigning trustee. Rather than agreeing to such an appointment as a casual favor for a close friend or family member, the successor trustee must recognize the situation for what it is: a potential minefield of liability. "

OUTSIDE COUNSEL:

Recent Developments in F-Cubed Securities Class Actions 
Wednesday, March 31, 2010
By Todd G. Cosenza

" Todd G. Cosenza, a senior associate at Willkie Farr & Gallagher, reviews the important jurisdictional issues raised by the Vivendi, Credit Suisse, and Fortis securities class actions, and the factors that led to the divergent results in those cases. "

REAL ESTATE TRENDS:

Cases Suggest Boundaries To Lenders' Consent Rights
Wednesday, March 31, 2010
By Peter E. Fisch and Allan J. Arffa

"Peter E. Fisch and Allan J. Arffa, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: 'In negotiating commercial mortgage loan documentation, much time and energy is put forth by a borrower's counsel to require the lender to act reasonably in granting or withholding required consents. Obtaining this flexibility is never more important than under CMBS loans, where the ongoing loan administration is handled by a third-party servicer rather than a relationship lender.' "