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Arbitration Provisions Continue to Make Waves
Franchisors are well aware of the U.S. Supreme Court's opinion earlier this year in AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S. Apr. 27, 2011), addressing whether class-arbitration waivers in standard form contracts are enforceable in actions brought by consumers. The Court held that class-arbitration waivers are enforceable based on federal law that protects agreements to arbitrate and cannot be found unconscionable under state law (California's in this case). The decision has been recognized as strengthening the hand of any business that designates arbitration for dispute resolution. (See FBLA, June 2011, for further discussion.)
In a recent presentation, Nixon Peabody LLP attorneys Gregg Rubenstein and Diana Vilmenay discussed arbitration-related litigation in light of AT&T Mobility LLC v. Concepcion and Stolt-Nielsen S.A. v. AnimalFeeds International Corp., decided by the Supreme Court in April 2010. “The Court in AT&T Mobility said it would enforce an arbitration agreement according to its terms. It said that's the purpose of the FAA,” said Rubenstein, explaining how it could come into effect in a franchise context. “If a franchisor enters into an agreement to arbitrate with a franchisee, and if that provision says that they agree to arbitrate any and all claims and agree that these must be done on an individualized basis, then federal courts will enforce it.”
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.