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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.
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.