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Court Watch
The Enforceability of Liquidated Damages Clauses in Hotel Franchise Agreements
Liquidated damages provisions are found in many franchise agreements, particularly in those used in the hotel industry. The fundamental purpose underlying these provisions is to allow the parties, at the time of contract formation, to agree to a specific methodology or formula to compute potential damages for certain subsequent contract breaches. Liquidated damages provisions can be extremely beneficial in helping parties to avoid the difficulty and expense that otherwise might be incurred to prove damages, and they are most useful in those situations where the calculation of actual damages would be complex and would require the analysis and opinions of expert witnesses. The basic goal of such provisions is to allow the non-breaching party to recover a fair and reasonable approximation of its actual damages, without having to go through the inordinate trouble and expense required to prove actual damages.
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.
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.