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Thanks for the Memories : Compensating Franchisee Goodwill after Franchise Termination

Emerson, Robert W. - 2019

mandated pilot units prior to franchising. Most importantly, this Article proposes the adoption of a presumption favoring …

Persistent link: https://www.econbiz.de/10012870953

Franchisees, Consumers, and Employees : Choice and Arbitration

Emerson, Robert W.; Hunt, Zachary - 2022

Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common...

Persistent link: https://www.econbiz.de/10013289467

Franchising Lessons in the Age of Incivility : Operations Manuals and Trade Secrets

Emerson, Robert W. - 2022

The framework for a successful franchise relationship governs procedures, performance, and standards. The franchisor agrees to lend, in effect, its intellectual property and guidance, among other things, in exchange for the franchisee’s royalties and other payments. Before entering into an...

Persistent link: https://www.econbiz.de/10013296694

Sanctions, Nukes and Juche : Franchising in North Korea

Emerson, Robert W.; Parnell, Jason - 2023

, including franchising, to North Korea. Economic liberalization and enhanced foreign capital, investment, and franchising can be …

Persistent link: https://www.econbiz.de/10014361078

U.S. Franchise Regulation as a Paradigm for the European Union

Emerson, Robert W.; Meiselles, Michala - 2021

The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...

Persistent link: https://www.econbiz.de/10013214733

Bound by Bias? Franchisees' Cognitive Biases

Emerson, Robert W. - 2019

in the franchising context, this article incorporates a survey of franchisees; it provides empirical evidence of the …

Persistent link: https://www.econbiz.de/10012865812

The Faithless Franchisor : Rethinking Good Faith in Franchising

Emerson, Robert W. - 2022

The rapid expansion of franchising requires that the courts, and the law in general, adapt to new circumstances … in Franchising” rule.Currently, remedies for disgruntled parties to franchise agreements are limited to those available …, legal remedies for bad faith in franchising agreements already exist. For example, at common law, tort damages may be …

Persistent link: https://www.econbiz.de/10013491635

Article III Standing vs. Covenant Not to Sue : Rather than Take Its Action to the Patent and Trademark Office, Already, LLC Petitions the Supreme Court to 'Just Do It'

Downing, William - 2013

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

Persistent link: https://www.econbiz.de/10013085735

Cool Bidding : The Post-Radlax Contours of Section 363(k)'s 'For Cause' Standard

Shachmurove, Amir - 2023

Distilled to its most basic sense, § 363(k) has always given secured creditor the right “credit bid,” or to use, up to the full amount of the debt owed to the secured creditor by the debtor, as currency in any sale of the collateral securing the debt owed to that claimant under § 363(b)...

Persistent link: https://www.econbiz.de/10014358761

Queenie and Robins in a Gas Fracking World : The Automatic Stay’s Conjectured Extension to Actions Against Non-Debtor Pool Participants

Shachmurove, Amir - 2023

As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...

Persistent link: https://www.econbiz.de/10014343748