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Court Watch
New California Case Finds Enforcement of Forum Selection Clause in Arbitration Agreement Not Unconscionable
In Smith v. Paul Green School of Rock Music Franchising, LLC, 2008 WL 2037721 (C.D. Cal. May 8, 2008), the United States District Court for the Central District of California determined that although the arbitration clause in question was procedurally unconscionable, it was not substantively unconscionable and so would not block an arbitration commenced by the franchisor in Philadelphia. The court allowed the arbitration to
proceed in the foreign jurisdiction so long as there was a guaranty by
the franchisor that the franchisee's rights under the California Franchise Investment Law ('CFIL') would not be impaired.
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?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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.
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.