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In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more
The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more
PADRM (Pia Anderson Dorius Reynard & Moss, LLC) attorneys led by partners Rob Reynard, Kendra Shirey and Bill Kimball were successful in getting the Fourth District Court to vacate entirely a $8.4 Million Arbitration Award...more
With less colorful language than its last arbitration opinion, the First Circuit sided with the Second and Third fireworks Circuits in limiting the application of the 2010 Stolt-Nielsen decision on the availability of class...more
In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more
Manitoba’s The Franchises Act (the Act) and Franchises Regulation (the Regulation) have been proclaimed into force with an effective date of October 1, 2012. On and after that date, franchisors granting franchises to be...more
Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011), involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway....more
This article first appeared in the December 2011 issue of LJN’s Franchising Business & Law Alert. It discusses the treatment of class action waivers in commercial agreements (including franchise agreements) in the US...more
Originally published in Franchise Law Journal, Volume 31, Number 1, Summer 2011. Alternative dispute resolution is often touted as a necessity in the American legal system to avoid the high monetary, time, and people...more
This article discusses several ways one can minimize franchise disputes in China....more
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