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Court Watch
Sixth Circuit Upholds Noncompete Injunction
A franchisee's attempt to inject ambiguity into a noncompete clause in a franchise agreement was rejected by the Sixth Circuit in Certified Restoration Dry Cleaning Network, LLC v. Tenke Corp., 511 F.3d 535 (6th Cir. 2007). The plaintiff franchisor, Certified Restoration Dry Cleaning Network, and the defendant franchisee, Tenke Corp. and owner Stephen Dubasik, had entered into a franchise agreement in June 2002. The franchisor's business is a restoration dry cleaning system 'for cleaning smoke, water, and/or odor damaged clothing and other soft goods from insured casualties, such as house fires.' Restoration Dry Cleaning Network enters into franchise relationships with persons who already own dry cleaning establishments and want to add restoration services to their existing business. In November 2006, Restoration Dry Cleaning Network terminated Dubasik's franchise for failure to make required payments under the franchise agreement.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.