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Courts' Intervention in Arbitration Disputes Keeps Franchises Busy
For many years, it's been assumed that when franchisors and franchisees are locked in an unsolvable dispute, franchisors prefer arbitration to courtroom litigation. Mandatory arbitration clauses have become standard-issue in franchise contracts, and, most likely, they have stifled a fair amount of courtroom action. Franchisors, and businesses generally, have found mandatory arbitration in class action litigation to be valuable.
However, litigation about whether mandatory arbitration clauses do, indeed, require arbitration seems to be a growth industry. Most recently, the U.S. Supreme Court, in ATT Mobility v. Concepcion, 563 U.S. __ (2011), upheld a mandatory arbitration clause in a consumer class action. The decision was widely viewed as a significant win for the business community.
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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.