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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.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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?
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.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.