Reading through the millions of words discussing Facebook’s impending IPO, and striving to distract myself from deep-seeded envy of everyone who has worked there and is holding stock options, I came upon a letter from founder Mark Zuckerberg, who wrote to potential shareholders about “The Hacker Way".  The letter was timely, coming right when RSR was moving to a whole new website platform, and it explained a lot. It also led me to wonder if it isn’t time for a reboot of our entire IT mindset. Facebook users know that the platform changes, often without any notice, and usually disrupting peoples’ rhythms. Grumbles can be heard across cyberspace. Sometimes those changes don’t exactly work perfectly (I’m still not sure whether, six...

The number of home based franchises continues to grow and in some franchise segments the home based feature exists in the majority of the franchise companies. Looking back into franchise history the typical franchise was a bricks and mortar franchise whether it was a KFC, Dunkin Donuts or McDonalds. It wasn’t that long ago that a home based franchise was considered an anomaly or an exception to what we typically consider a franchise. In recent years however, things have changed as the number of home based franchises have continued to grow in numbers and popularity. If the franchise customers are not required to go to a specific location then chances are that particular franchise can be home based.  Consider the following franchise categories and the percent of...

Phelps Dunbar has been advising our clients over the last year to expect an increase in EEOC charges and litigation following the passage of the Amendments to the Americans with Disabilities Act. Since the EEOC's final regulation under the Act were published in March of last year, there has been a sharp increase in EEOC charges filed under the ADA.  Many of those charges have now worked their way through the EEOC process and we are seeing an increase in litigation that the EEOC is pursuing on behalf of employees who allege that they have been denied a reasonable accommodation under the ADA. In a press release the EEOC issued following a consent decree it obtained against an employer, an EEOC Director was quoted as saying the following:  "When an employer is on...

While there are many business factors and legal points to consider when negotiating a commercial lease, in today’'s uncertain economy, the “"bottom line cost”" of the lease often tops the list of concerns for a commercial tenant.  You are probably aware that most commercial landlords pass the cost of all repairs and maintenance of the premises and the common areas to their tenants.  Tenants often find, however, that their CAM charges are more expensive than anticipated.  While there are many factors that need to be evaluated and provisions that need to be negotiated in a commercial lease, as you head into negotiations, arm yourself with these three tips for keeping your CAM charges in line with your expectations.  Landlord...