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The NJ Franchise Practices Act and the Legacy of 'Instructional Systems'
The New Jersey Franchise Practices Act, N.J.S.A. 56:10-1, et seq. (NJFPA) is a powerful tool for those businesses that qualify for its protections. Under the NJFPA, a franchisor cannot terminate a franchisee without good cause, even where doing so would be perfectly acceptable under the parties' contract. N.J.S.A. 56:10-5. The NJFPA also prohibits a franchisor from imposing “unreasonable standards of performance” on a franchisee. Id. at 56:10-7. These prohibitions stem from the overriding purpose of the NJFPA ' to protect otherwise vulnerable franchisees, who make substantial investments in a franchise and build a franchisor's brand, yet retain little bargaining power with the franchisor.
Who, then, qualifies as a “franchisee” protected by the Act? In some circumstances, a business that looks nothing like a stereotypical franchise.
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.