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Court Watch
GA Supreme Court Upholds Integration and Disclaimer Clauses to Prevent Fraud Claims
The Georgia Supreme Court recently reversed a jury verdict that an intermediate appellate court had affirmed against a franchisor, in Legacy Academy, Inc. v. Mamilove, LLC, 771 S.E.2d 868 (2015). (The appellate case ' Legacy Academy, Inc. v. Mamilove, LLC, 328 Ga.App. 775 (2014) ' was discussed in the February 2015 Court Watch.) The Georgia Supreme Court simply affirmed two principles common to many franchise disputes: 1) The presence of an integration clause makes it impossible to sue on promissory fraud that is made outside the four corners of the agreement; and 2) the presence of “disclaimer” clauses (i.e., no representations have been made as to earnings) make it impossible for a franchisee to reasonably rely on something like earnings claims. Another holding of the court was that proof that the franchisor forced the franchisee to sign the agreement on the day presented without the ability to read it was insufficient to excuse the franchisee from reading the agreement unless there was proof that the franchisor committed fraud that prevented the franchisee from reading the contract.
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.
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.
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.