Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Court Watch

By Cynthia M. Klaus and Meredith Bauer

One of the methods by which franchisors seek to avoid trial by jury is to include a jury trial waiver provision in their franchise agreements, in which the parties agree to go to trial with a judge only. Franchisors include such pre-dispute jury waivers for the same reasons that they include arbitration provisions, which is to avoid the risk of an unpredictable jury. However, similar to arbitration provisions, the enforceability of the jury trial waiver is widely varied among courts.

In Samica Enterprises, LLC v. Mail Boxes Etc. USA, Inc., Bus. Franchise Guide, 13,985 (CCH) (C.D. Cal. 2008), the franchisor moved to strike the franchisee's demand for a jury, citing the fact that the franchise agreement contained such a jury trial waiver. In considering whether the jury trial waiver was enforceable, the U.S. District Court in the Central District of California stated that the right to jury may only be waived “knowingly and voluntarily.” In determining whether this test is met when a franchise agreement contains a jury trial waiver provision, four factors must be considered: 1) the relative bargaining power of the parties; 2) the extent to which the party understood the provision; 3) the extent to which the provision was negotiated; and 4) the conspicuousness of the provision.

Read These Next
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.