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Court Watch
Forum Selection Clauses Are Presumptively Valid and Enforceable
It is typical for franchise agreements to contain forum selection clauses that require any dispute to be resolved in the state and federal district in which the franchisor has its headquarters or principal place of business. The rationale behind such forum selection clauses is quite obvious. They provide the franchisor with the convenience and advantage of litigating on its home turf where it presumably has the greatest familiarity with the law and the courts. Additionally, such clauses significantly reduce the expense that a franchisor might otherwise incur in litigating against franchisees in distant locales. Finally, and perhaps most significantly, by confining all litigation to its own backyard, a franchisor maximizes the prospect of benefiting from any local goodwill that might affect the litigation process, while minimizing the risk of being the victim of prejudicial “home cooking” that might be served up in a franchisee's foreign kitchen.
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.
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.
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.