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Arbitration: Franchisor's Friend or Foe?
In addressing the issue of whether an arbitration clause made sense for a franchisor client, for years I have waffled on how to advise that client. In informal discussions with my colleagues, I have discovered that I am not alone on this problem.
I recall several years ago managing a piece published in the Franchise Law Journal where four prominent franchise attorneys were asked to pontificate on the issue ' two represented primarily franchisors, and two represented franchisees. Intentionally, we chose from each camp advocates who had differing views on the issue. I have since observed that this group was more representative of the split within the franchise lawyer community on this issue than I would have predicted at that time. My anecdotal experiences over the last two decades confirm this sharp split. The truth is that this question is not simple to answer. There are many factors that come into consideration, including the size and strength of the franchisor as compared with its franchisees; the complexity of the issues that are likely to arise in disputes; the projected costs of judicial litigation as compared with arbitration; whether prompt adjudication is important; and the number of disputes anticipated ' to name only some of the more key considerations.
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.