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Summary Judgment: A Tool in Franchise Arbitrations
Franchisors have come to rely on arbitration as an inexpensive and quick avenue to resolve disputes with franchisees. However, arbitrations have expanded in scope and complexity over the years such that many arbitrations now closely resemble a court or jury trial. In response, franchise counsel should incorporate language in the arbitration provision in the franchise agreement that gives the parties the express right to employ litigation tools typically used by plaintiffs and defendants to resolve issues before incurring the time and expense associated with full-blown trials. Those litigation tools include dispositive motions, such as a motion for summary judgment. Because very few franchise arbitration provisions deal with this subject, arbitrators today are often left to address this issue on their own, and some of them are unwilling to consider such dispositive motions, and instead require a full trial, including witness testimony, thereby imposing increased burdens and expenses on the parties.
As the record of arbitration decisions ' especially pre-hearing decisions on whether summary judgment motions should even be considered ' is extremely limited, it is difficult to accurately determine how many parties in an arbitration have been denied the opportunity to present a summary judgment motion. Most of the commercial arbitrations in the United States are governed by the Federal Arbitration Act (“FAA”). The FAA neither expressly permits nor expressly precludes the use of summary judgment or dispositive motions in the arbitration process ' it simply does not address this issue. Similarly, most arbitration associations do not specifically address in their rules the use of summary judgment motions in an arbitration. An argument certainly can be made that the language of the commercial rules for the American Arbitration Association (“AAA”) at least implies that the arbitrator has the flexibility or authority to hear and decide summary judgment motions in an arbitration. However, without express language permitting such motions, a party runs the risk of an arbitrator interpreting the rules differently.
The Article 8 Opt In
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
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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
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.