The Supreme Court issued a decision today in a case named Smith, et al. v. Spizzirri, et al., that has significant import for the franchise community. Many, if
Continue Reading In Arbitration, Shall Means ShallBe Careful with Your Demands When Converting Existing Licensees to Franchisees!
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town
Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees!
How is a Franchise Buyout Price Determined? New Ruling Provides Guidance
A business deal didn’t go as planned and one side wants out. All parties now need to determine how to buyout the disgruntled partner.
How exactly is a franchise buyout
Continue Reading How is a Franchise Buyout Price Determined? New Ruling Provides Guidance
Winning Dispositive Motions in Commercial Arbitration
The goal of commercial arbitration is to bring final disposition to business disputes as an efficient and economical alternative to litigation. In an effort to improve efficiency, discovery is generally
Continue Reading Winning Dispositive Motions in Commercial ArbitrationArea Developer Hit with Massive Arbitration Award in Favor of Franchisor
Franchisor obtains $2,064,735.75 arbitration award against failed area developer.
In an arbitration decision handed down by the American Arbitration Association, Rita’s Franchise Company, LLC obtained an award against a
Continue Reading Area Developer Hit with Massive Arbitration Award in Favor of Franchisor
Location, location, location: Franchise litigation in the venue of your choosing
A Massachusetts franchisor can sue an Oregon franchisee in Massachusetts, according to a recent decision from the United States Court of Appeals for the First Circuit. The case contains important
Continue Reading Location, location, location: Franchise litigation in the venue of your choosing
Want to enforce your arbitration provision? Then say it loud and clear (and unmistakably)!
So, your franchise agreement has an airtight arbitration provision…right? It probably says that if any disputes arise out of your franchise agreement, then they must be arbitrated (rather than litigated).
Continue Reading Want to enforce your arbitration provision? Then say it loud and clear (and unmistakably)!
Want to Enforce Your Choice of Venue in Arbitration? Take These Three Steps.
More and more states are enacting franchise laws that bar out-of-state arbitration. These laws put them at odds with the
Continue Reading Want to Enforce Your Choice of Venue in Arbitration? Take These Three Steps.
Does Your Arbitration Clause Have the Right Exceptions?
Arbitration clauses are a staple of modern contract law. As a plethora of cases show, public policy highly favors arbitration, and where the enforceability of an arbitration clause is at
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Why You Should Consider a Class Action Waiver Clause in your Arbitration Agreements
Contributed by Glenn S. Grindlinger
Last week, in American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the United State Supreme Court held that an
Continue Reading Why You Should Consider a Class Action Waiver Clause in your Arbitration Agreements