Movers & Shakers
September 27, 2007
News about lawyers and law firms in the franchising industry.
News Briefs
September 27, 2007
Highlights of the latest franchising news from around the country.
Court Watch
September 27, 2007
Highlights of the latest franchising cases from around the country.
The Arbitration Fairness Act of 2007: Are the Days of Mandatory Arbitration Provisions Numbered?
September 27, 2007
A 'consumer protection' bill that would bar as invalid and unenforceable mandatory arbitration provisions relating to, among other things, franchise disputes is presently referred to the Senate's Judiciary Committee and the House of Representatives' Committee on the Judiciary and its Subcommittee on Commerce and Administrative Law. If passed by Congress, the Arbitration Fairness Act of 2007 ('AFA') (S. 1782 and H.R. 3010) introduced by sponsors, Sen. Russ Feingold (D-WI) and U.S. Rep. Hank Johnson (D-GA), would significantly, in both the eyes of franchisors and their franchisees, amend the Federal Arbitration Act, 9 U.S.C. '1, <i>et seq.</i> ('FAA') to not only invalidate mandatory arbitration provisions in the context of franchise disputes, but also for consumer and employment disputes as well.
Injunctions in the Franchising Context: Comparing the Canadian and American Systems
September 27, 2007
Franchisors often seek injunctions to enforce non-competition and other covenants contained in their franchise agreements, sometimes during but most often after the end of the franchise relationship. A common example is an injunction to enforce a covenant in which the franchisee contracts to not compete in a similar business for a specified period of time and within a specified geographic area. If successful, the moving party-franchisor is granted an injunction forcing the former franchisee to abide by its contractual obligations for the specified time period. Given the time it generally takes to reach trial, the non-competition clause often will expire before the trial occurs. As such, a successful interlocutory injunction motion often will finally decide the issues for the franchisor, rendering the trial moot. Given this reality, parties frequently settle after a successful interlocutory injunction, or the case may be abandoned after an unsuccessful one.
Case Briefs
September 27, 2007
Highlights of the latest insurance cases from around the country.
Insuring Against Disaster: Coverage for Product Recalls
September 27, 2007
In recent months, it has seemed that barely a week has gone by without the announcement of a major product recall, whether it be of pet food (tainted with a wheat gluten additive), toothpaste (containing poisonous diethylene glycol, a solvent used in antifreeze that imparts a sweet taste), millions of children's toys (the subject of four major recalls, several of which involved lead paint), almost half a million light truck tires (lacking a safety feature that guards against tread separation), or 3.6 million Ford cars, trucks, and SUVs (containing a cruise control switch linked to vehicle fires). Recalls have become so common of late that satirical magazine <i>The Onion</i> 'reported' in late July that shares of Constitution Solutions, LLC ('COSO') 'fell sharply Tuesday after several Eastern bloc constitutions written by COSO were recalled due to loopholes that allowed Vladimir Putin to re-form the Soviet Union.' Stockwatch, <i>The Onion,</i> July 26-Aug. 1, 2007, at 2.
How to Improve an Internet Search Result by Adding a Little Precision
September 27, 2007
The Internet is a powerful tool for research, containing information about law, business, government, science, medicine and many other things. There is a Web site for just about anything anyone would want to know. Unfortunately, with the proliferation of Web sites today, any search may return hundreds of results, many of which are not relevant, and many of which are not reliable. This article will discuss some advanced search techniques in Google that can improve the relevance of search results. It will also examine ways to determine the reliability of a Web site.
Internet Not Always Interstate
September 27, 2007
It may be called the World Wide Web, but the government cannot automatically equate Internet use with movement of photos of child pornography across state lines, the Tenth U.S. Circuit Court of Appeals has held.
Internet Gambling Law Challenged
September 27, 2007
A federal law that targets online gambling by making it illegal to make or receive payoffs violates the First Amendment, a federal suit charges. A not-for-profit association of Internet gamers and gaming companies is asking a federal judge in Trenton, NJ to block enforcement of the Unlawful Internet Gambling Enforcement Act ('UIGEA') and to issue a temporary restraining order.
