Winter 2014: VOL 17, NO. 1

Court Clarifies Enforceability Of Forum-Selection Clauses

Features

Court Clarifies Enforceability Of Forum-Selection Clauses

A recent unanimous ruling by the United States Supreme Court has brought clarity and certainty to previously murky questions regarding enforcement of forum selection clauses in federal court. In Atlantic Marine Construction Co. v. U.S. District Court, 187 L. Ed. 2d 487 (2013), the Court established that a party seeking to enforce a forum-selection clause and transfer a lawsuit to another federal court should file a motion to transfer venue under 28 U.S.C. § 1404. The Court also established that, absent extraordinary circumstances clearly disfavoring a transfer, a valid forum-selection clause should be enforced. Read more . . .

For corporate counsel, it is that time of year once again – time to focus on how to effectively and efficiently manage the Franchise Disclosure (FDD) process. Most corporate counsel know the federal and state laws that dictate what information is included in the FDD, but do we really know how to efficiently assemble that information into a cohesive, sales-friendly FDD that also serves and satisfies our internal clients? When I first started out, I thought that all I needed was a copy of the laws, compliance guides, and FAQs. Over time, I discovered that producing an FDD I could be proud of, and my clients could be happy with, involved much more than that. To achieve your ultimate goal – happy clients with a legally compliant FDD in hand – I recommend that you follow the following six pointers. Read more . . .

The 36th Annual Forum on Franchising Meeting was held in Orlando, Florida, this past October. We had 820 attendees, so this marked one of the best-attended forums ever! The intensives, workshops, and plenaries covered thought-provoking and practical topics and were wonderfully executed by our diverse and accomplished speakers. The social events were relaxed and family-friendly. Our thanks again to program co-chairs Diane Green-Kelly and Eric Karp, who did such a terrific job in Orlando! Jim Goniea and Will Woods, the program co-chairs for Seattle, and the rest of the Forum governing committee are hard at work developing what promises to be a great annual meeting in Seattle. The meeting will be held October 15-17, 2014, at the Sheraton Seattle Hotel in downtown Seattle, Washington. Read more . . .

This issue of THE FRANCHISE LAWYER showcases the rich pool of talent within our Forum on Franchising, with articles on a wide range of topics written by a diverse group of authors. Much is happening on the franchise law front, as you will see. Read more . . .

I have been attending the ABA Forum on Franchising for nearly a quarter of a century. Many may consider me to have a substantial amount of franchise experience and, therefore, less to gain by continuing to attend, compared to newer members. But the more Forums I attend, the more I believe I must continue to attend each year. As a franchisee lawyer greatly outnumbered by franchisor lawyers and executives at the Forum, I find it even more important to openly express to the bar the franchisee’s perspective on franchisor-franchisee relationship issues. Read more . . .

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