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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.
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.