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Court Watch
Arbitration Clause in Franchise Agreement Is Enforceable By Nonsignatories
The Eighth Circuit Court of Appeals has ruled that nonsignatories to a franchise agreement were entitled to enforce the agreement's arbitration clause. In CD Partners, LLC v. Grizzle, ___ F.3d ___, 2005 WL 2319132 (8th Cir. Sept. 23, 2005), the court considered whether a franchisor's three principals could compel arbitration of a tort lawsuit brought against them in their individual capacities by the franchisee. The franchisee's lawsuit alleged claims of negligence, negligent misrepresentation, and fraudulent misrepresentation against the three principals. The district court denied the principals' motion to compel arbitration under the arbitration clauses in the franchise agreements on the grounds that the three principals were not signatories to the franchise agreements between the franchisor and franchisee and the tort lawsuit was not covered by the agreements' arbitration clauses.
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.
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.
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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.