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A Second Look at JRS Products, Inc. v. Matsushita Electric Corp.
JRS Products, Inc. v. Matsushita Electric Corporation of America, 115 Cal.App.4th 168, 8 Cal.Rptr.3d 840 (2004) (JRS Products), decided earlier this year, provides important clarification of the scope of remedies available under California law to franchisees who have been wrongfully terminated. The California Appellate Court decision holds, among other things, that the California Franchise Relations Act (CFRA) does not bar a franchisee from recovering damages for breach of contract for wrongful termination.
The holding is significant because for years California practitioners representing franchisors have relied upon Boat & Motor Mart v. Sea Ray Boats, Inc., 825 F.2d 1285 (9th Cir. 1987) (Sea Ray) for the proposition that, pursuant to the CFRA, a franchisee's remedy was limited to the repurchase of its inventory by the franchisor. The court in JRS Products distinguished the Sea Ray case on the ground that the franchisee in Sea Ray, unlike the franchisee in JRS Products, had waived its common law right to recover damages under the contract. The court reasoned that, absent such a waiver, the franchisee was entitled to seek damages for common law breach of contract associated with the wrongful termination.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.