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The article discusses the importance of managing franchisor risk through the enforcement of contractual terms and provisions in franchise agreements. It highlights the significance of including mandatory mediation and arbitration clauses, as well as class and collective action waivers, choice of law clauses, limitation on liability provisions, and contractual indemnification clauses to mitigate litigation risks. The article provides insights into recent case law examples that illustrate the enforcement and impact of these contractual provisions in franchise disputes. [Extracted from the article] more...

This article explores the topic of arbitration waiver in the context of franchise agreements. It discusses the prevalence of arbitration provisions in these agreements and the actions that parties may take before seeking arbitration. The article examines the question of when a party waives its right to compel arbitration and looks at the varying outcomes in federal courts. It focuses on the Supreme Court case of Morgan v. Sundance, which determined that a showing of prejudice is not necessary to claim waiver of the right to arbitrate. The article concludes by evaluating the practical implications of the Morgan decision on franchise law practice. It also discusses the Supreme Court's decision in Morgan v. Smith Barney, which clarified that the Federal Arbitration Act does not allow federal courts to create special procedural rules favoring arbitration. The goal of the Act is to treat arbitration agreements like any other contracts. The article provides examples of how the Eighth and Ninth Circuits have applied the Morgan decision in arbitration waiver cases. It highlights the impact of the Morgan decision on lower courts' approach to waiver in the arbitration context. The article discusses various cases in which courts have analyzed whether a party has waived its right to compel arbitration. The courts focus on the conduct of the party claiming the right to arbitrate and have largely eliminated the requirement of prejudice. Factors such as the party's knowledge of the right to arbitrate and intentional relinquishment of that right are considered. The article notes that these cases are fact-specific and there is no clear rule. It also discusses the concept of waiver in arbitration [Extracted from the article] more...

The article discusses court cases involving franchises in the U.S. It presents the case, Brentlinger Enterprises v. Volvo Cars of North America, LLC, which focuses on price discrimination in violation of the Robinson-Patman Act and the Ohio Motor Vehicle Franchise Act. It also tackles the case, Benihana Inc. v. Benihana of Tokyo, LLC, which focuses on a license agreement to operate restaurants in Hawaii. more...

The article discusses some developments in franchise class actions in Canada as of January 2016. Topics covered include the Canadian franchise legislation, the differences between class certifications under the Canadian class action regime and the Federal Rule of Civil Procedure 23 in the U.S., and the types of franchise claims that have been considered for class certification. Also discussed is the issue of disclosure and misrepresentation in Canadian franchise class actions. more...

The article discusses several court cases related to distribution and franchising in the US. Topics discussed include automobile maker Chrysler Group LLC's case against automotive dealer Matthew Enterprise Inc. for labeling competing dealership contracts as rent assistance; wine wholesaler Arbor Beverage Co.'s case against wine supplier Phillips Farms LLC for breaching distributive agreement; and the case Arctic Circle Rests., Inc., v. Bell. more...

Information about the 37th Annual forum on Franchising organized by the American Franchisees Association, a nonprofit organization which was held on October 15 to 17, 2014 in Seattle, Washington. Topics of the forum includes issues of mergers and acquisitions in franchise systems, non-verbal communication impacts in business negotiations and developments of franchise and distribution law. The meeting also features guest speakers including Leonard Vines, Robert Zarco and Barry Kurtz. more...

The article discusses several court cases related to franchising and distribution in the U.S. The court cases include "Dunkin' Donuts Franchising LLC v. Sai Food Hospitality LLC," "Witt Co. v. Riso Inc." and "In re Brooke Corp." The cases cover various topics including antitrust laws, arbitration and attorney fees. more...

The article reports that the District of Hawaii granted the franchisees' motion to dismiss the franchisor's antitrust claims because the franchisor failed to plead sufficiently a relevant market. It is mentioned that the court rejected plaintiffs' argument that the test as to the accuracy of the relevant market should be conducted at summary judgment or at trial. more...

The article presents several court cases related to franchising and distribution in the U.S. in 2011. A court case related to antitrust, Shamrock Marketing Inc. v. Bridgestone Bandag LLC, wherein the plaintiff sued Bridgestone for violating Sections 1 and 2 of Sherman act is given. Another cases related to arbitration, Noodles Development LP v. Latham Noodles LLC, and Jade Hospitality LLC v. Choice Hotels International Inc. are also discussed. more...

The article examines the history of class action arbitration in the U.S. and considers what language is likely to be included or removed in an arbitration provision to prevent class action and/or consolidated arbitration. As reported, class action arbitration and consolidated arbitration create uncertainty in the relationship between franchisees and franchisors. more...

The article examines and analyzes the enforcement of contractual class action prohibitions in the context of franchise disputes in the U.S., and also discusses the Bonanno v. Quizno's Franchise Corp. case which have shed light on the relationship between franchising and the class action provisions of the Federal Rules of Civil Procedure. As reported, many franchise agreements contain clauses that prohibit franchisees from invoking the class action mechanism. more...

The article discusses several court cases including Jewelry Repair Enters. Inc. v. Ajani, Coldwell Banker Real Estate LLC v. Executive Residential Consultants and T-Bird LLC v. Outback Steahhouse, Inc. Codwell Banker Real Estate, the defender was given the permission to transfer contract case from the franchiser's home forum. Due to cross default of tying loan agreement to its franchise agreements Outback Steakhouse was not permitted to proceed their case in their home forum. more...

The article presents information on several court case related to franchising. In the Med. Shoppe Int'l, Inc. v. Turner Invs., Inc., case, a former drug store franchisee tried unsuccessfully to vacate an arbitration award. In the Mustard Franchise Corp. v. Yek, Inc. case, the California Court of Appeal determined that the trial court permissibly had construed a franchisor's application for a preliminary injunction as a petition to confirm an arbitration award. more...