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Arbitration: Is the Silver Bullet a Dud?
For roughly 25 years franchisors have fought hard in courtrooms, in the lobbies of Congress, and at the bargaining table to ensure that that disputes with franchisees would be resolved by arbitration. In large part, they have succeeded. The Supreme Court has repeatedly reaffirmed both the enforceability of arbitration agreements and the desirability of arbitration itself, despite hostile state statutes and stubbornly recalcitrant state courts. Congress has turned a distracted, if not an entirely deaf ear to the efforts of franchisee- and trial lawyer-pressure groups to take franchise agreements outside the protection of the Federal Arbitration Act for all practical purposes. And arbitration provisions have become a standard term in franchise agreements.
Now, however, on the strength of a substantial body of real-world experience with arbitration as a dispute-resolution norm, many franchisors are asking whether all this effort has really paid off after all ' whether, in fact, their dogged pursuit of arbitration was actually a mistake. Doubts are emerging because the well-known downsides associated with arbitration seem far more worrisome as concrete realities than they did as abstract analytic factors, and because new concerns have appeared as arbitration has become more common in the franchise universe.
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.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."