International Law

Will You Sue Me Because You Read My Blog?

Posted on February 06, 2008
Advertising tip from Legal Blog Watch Chances are, most lawyers paid little attention to this news story on a recent New York Appellate Division decision, Stern v. Bluestone, upholding a $21,000 award against an attorney who faxed unsolicited law reports on legal malpractice issues to other lawyers...

New Vending Opportunity!

Posted on February 06, 2008
Vending machines dispense pot in Los Angeles The city that popularized the fast food drive-thru has a new innovation: 24-hour medical marijuana vending machines. Patients suffering from chronic pain, loss of appetite and other ailments that marijuana is said to alleviate can get their pot with a dose of convenience at the Herbal Nutrition Center, where a large machine will dole out the drug around the clock...

What is Misleading Advertising?

Posted on February 05, 2008
From Trade Regulation Talk, we learn about "Puffery" and Lanham Act. False Advertising Claims For purposes of the complaining lessors' Lanham Act claims, the district court's conclusions with respect to four of the five challenged statements rested on factual findings rather than legal conclusions...

Are You a Con Criminal?

Posted on February 05, 2008
Over at Pink Truth, there is a provocative piece, What are the Mary Kay Little White Lies? "One of the reasons you are kicking yourself for joining Mary Kay is, you knew it was suspect from the beginning. You felt it in your gut but you swept that idea aside because you fell for the charisma and sincerity of your “presenter...

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Are All Prospective Franchisees Idiots?

Posted on February 05, 2008
Over at the prestigious Blue Mau Mau site, a franchisor points out the problem with franchisee due diligence. A franchisee had complained about being "raped" by his franchisor. Here's the Due Diligence Problem: Why did you accept a one sided UFOC? Why did you sign a one-sided franchise agreement?  What did your franchise lawyer tell you about the terms?  Was there enough information provided to your accountant for them to make an estimate as to when you would start seeing a return on your investment? This is not akin to rape...

Marino Sentenced 20 Years for Defrauding Investors of Over $450 Million

Posted on February 05, 2008
Former Exec Sentenced for Defrauding Investors of Over $450 Million: "Defrauding" DANIEL E. MARINO was sentenced today to 20 years in prison for defrauding investors in the now-collapsed Bayou hedge funds of more than $450 million. The sentence was imposed by United States District Court Judge COLLEEN MCMAHON in Manhattan federal court...

Does Regulation Solve Behavorial Irrationality?

Posted on February 04, 2008
Professor Larry E. Ribstein has an interesting post and reference to a paper at his Ideoblog: The behavioral problems of regulators Ribstein argues: "We often hear about how weak-minded and emotional consumers and investors need regulation to protect them from themselves and from businesses that prey on them...

Just Say No to Fraud

Posted on February 04, 2008
Interesting article by Brian Krebs Just Say No To Work-At-Home Money Mule Scams - Security Fix "Money mules typically are recruited via spam or targeted e-mail. The recipient is often told the potential employer found her resume on Monster.com and would he or she be interested in working a small number of hours per week to make anywhere from hundreds to thousands of dollars a week...

The Truth about Goji Juice

Posted on February 04, 2008
The site Goji Juice - World wide warningstates: This page is dedicated to all those unfortunate individuals who have been terminally ill and had their hopes raised by Goji sales people who's only interest was grabbing some quick cash from people who would not live to complain about the products that were sold to them...

Coadum Advisors Court Order

Posted on February 04, 2008
Coadum Advisors, Inc.; Mansell Capital Partners III, LLC; James A. Jeffery; Thomas E. Repke; Coadum Capital Fund 1, LLC; Coadum Capital Fund II, LP; Coadum Capital Fund III, LP; and Mansell Acquisition Company LP: "Court Order in Coadum Action" The court ordered the defendants to pay disgorgement, prejudgment interest and civil penalties in amounts to be resolved upon motion of the Commission at a later date, and directed that for purposes of that motion, the allegations of the Commission's Complaint shall be deemed true...

Is this a Game of Chance?

Posted on February 03, 2008
Sucker: Is this a Game of Change? W.C. Fields: Not the way I play it. W.C. Fields sums up my attitude to many claims made on behalf of rational choice theorists: game theory models offer unique prescriptive advice. Get the model right, and the correct thing to do is merely a matter of calculation...

How to Defend Yourself Against a Con

Posted on February 01, 2008
Jack Payne of Con Man's Blog, writes about how fraudsters use emotion to trump reason in his article: Scam Artists' Inheritance Fraud--Do Not Make these Deadly Mistakes "An attorney (???) phones you and says, "Allow me to introduce myself. I'm John Lawler, attorney, representing the estate of the recently deceased, Irving Generosis...

Are We Programmed to be Stupid?

Posted on February 01, 2008
Michael Shermer's new book "Compassionate Apes, Competitive Humans, and Other Tales From Evolutionary Economics" is reviewed by Tyler Cowen For Sale: Big Ideas About Humanity Cowen writes: "At the same time, our biological heritage drives human discontent...

New Fuel Franchise Rules

Posted on February 01, 2008
Interesting observation about Petroleum Franchise inTrade Regulation Talk "Recent amendments to the Petroleum Marketing Practices Act prohibit gasoline franchisors from restricting franchisee through a new or renewed franchise or related document from: (1) installing renewable fuel pumps or tanks (except when premises are owned by the franchisor); (2) converting fuel pumps or tanks to renewable fuel use; (3) advertising the sale of any renewable fuel; (4) selling renewable fuel in any area of the franchise premises; (5) purchasing renewable fuel from another source if the franchisor does not offer such fuel for sale; (6) displaying the availability and price of renewable fuel; or; (7) permitting payment of renewable fuel with a credit card...

Why the Meal Assembyly Franchise is Dead

Posted on February 01, 2008
Terrific thread at Ryan's Franchise Pundit blog about Why are Super Suppers Franchises Failing? A number of good observations from the thread, here is an example: Run DO NOT walk away from this concept. I'm a former Supper Thyme USA franchisee and anyone in the MAK business that is still selling franchises to unsuspecting schmoes should be ashamed of themselves...

Harford on Games We Play

Posted on January 31, 2008
Tim Harford's book, the Logic of Life, is being reviewed, chapter by chapter, at Marginal Revolution. Harford writes with flair. He picks topics which tease and tickle the reader's attention: chapter 1 had an economic analysis about choosing oral sex, and chapter 2 picks up with a section on poker and the cold war...

Franchise Scam in New Zealand Continues

Posted on January 31, 2008
The New Zealand Minister wades into $3m scam row "Ethnic Affairs Minister Chris Carter says Green Acres has treated victims of a scam in a "devious" and "ruthless" way. Victims of a $3-$5 million ironing franchise scam are looking at taking legal action against Green Acres, the parent company involved...

Good Buy Bonds

Posted on January 31, 2008
World Bonds Scam in Florida "R. Alexander Acosta, United States Attorney for the Southern District of Florida; Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Division; and Don B. Saxon, Commissioner, Office of Financial Regulations, announced today the unsealing of a nineteen (19) count Indictment charging two defendants in connection with a conspiracy to solicit foreign investors to purchase purported World Bank bonds...

YTB a Card Mill?

Posted on January 31, 2008
'I'm not running a pyramid scheme' - were falser words ever uttered? "A Bermuda Sun investigation suggests that most people investing in YTB in the U.S. make their money by recruiting new subscribers, rather than from selling travel. Mr. Furbert - who plans to launch YTB in Bermuda next month - denied yesterday that the company is a pyramid scheme...

What Trial Lawyers can Learn from Poker Players?

Posted on January 30, 2008
Over at Marginal Revolution, there is a ongoing discussion about Tim Harford's new book "The Logic of Life" and Chapter 2 on Poker, Game Theory and the Logic of Life. I though that the Harford and the commentators might profit from Steve Lubet's book on Poker and Lawyers...

Bayou Sentencing in Ponzi Scheme

Posted on January 30, 2008
Bayou Sentencing "Jan. 22 (Bloomberg) -- James Marquez, co-founder of bankrupt hedge fund company Bayou Group LLC, was sentenced to 4 1/4 years in prison for his role in a fraud that cost investors more than $350 million and spurred calls for increased industry oversight...

Can Lawyers be Liars?

Posted on January 30, 2008
When the Truth Can Wait: "Was author Carlos Casta­neda’s mys­tical teacher Don Juan right? Is it better to get something worthwhile done using deception than to fail to get something worthwhile done using truth?" Here is an interesting version of the utilitarian dilemma...

More on Rogue Trader

Posted on January 29, 2008
Quote of the day, from the New York Times on the Rogue Trader: "Bouton said Kerviel had been betting throughout 2007 that markets would fall -- a winning position. But the trader had overstepped his authority and was wagering much more money than he should have, Bouton said...

10 Winners and 10 Losers

Posted on January 29, 2008
Forbes had a very interesting story the other day about The Most And Least Profitable Businesses To Start "Entrepreneurs start companies for all sorts of reasons. Maybe they have a passion, like being in control, want more flexibility--or even hate their current jobs...

Play and Trade Franchise Due Diligence Tip

Posted on January 29, 2008
Is the Play N Trade Video Game Franchise a good franchise? Hmm, the unique selling proposition is that the pro franchise posters like to play video games They mistakenly think that it would be a good business for them to sell these games under license...

Imergent Law Suit

Posted on January 29, 2008
Florida State Attorney General Files New Action Against Imergent "On Jan. 18, 2007, the attorney general of the state of Florida posted on its website a press release indicating a new complaint filed in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, which alleges, in two counts, violations of the State's deceptive and unfair trade practices act...

How Much is 46 million Unlawful Prerecorded Calls Worth

Posted on January 29, 2008
FTC Settles Charges Against Telemarketer that Made More Than 46 million Unlawful Prerecorded Calls: "Agrees to Stop Improper Use of Prerecorded Messages and to Pay $180,000 Civil Penalty" "The Federal Trade Commission today announced a complaint and proposed consent decree settling charges that a California-based “voice broadcaster” made over 46 million unlawful telemarketing calls...

What is New with Pure Weight for Consumers?

Posted on January 28, 2008
Are you a Pure Weight consumer? Then this press release is for you. Attorney General Corbett announces consumer protection lawsuit over sudden closure of Pure Weight Loss chain; refunds sought for hundreds of consumers Attorney General Tom Corbett today announced the filing of a consumer protection lawsuit against Pure Weight Loss, a national chain of weight loss centers based in Horsham, Montgomery County, along with company owner Vahan Karian, also known as Vahan Karabajakian...

Is the IFA Good for Franchisee Due Diligence?

Posted on January 28, 2008
The State of Washington is a registrant state for franchising. "Franchise" is defined in RCW 19.100.010(4) as: (a) An agreement, expressed or implied, oral or written, by which: (i) A person is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan prescribed or suggested in substantial part by the grantor or its affiliate; (ii) The operation of the business is substantially associated with a trademark, service mark, trade name, advertising, or other commercial symbol designating, owned by, or licensed by the grantor or its affiliate; and (iii) The person pays, agrees to pay, or is required to pay, directly or indirectly, a franchise fee...

Coastal Publication Biz Op Fraud

Posted on January 28, 2008
Coastal Publications is a Biz Op Fraud according to the state of Washington. "Coastal Publications is not currently registered with the Washington Securities Division to offer or sell business opportunities in the state of Washington and has not previously been so registered...

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