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Forum Selection Clause an Important Provision in Franchise Agreements
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause. TGA Premier Junior Golf Franchise v. BP Bevins Golf, C.A., No. 12-4321 (D.N.J. Oct. 12, 2012), concerns a franchisor's unremarkable decision to waive its contractual right to sue in California and instead bring suit in New Jersey against its former New Jersey franchisee. By all accounts, the franchisee always operated in New Jersey, was allegedly competing in New Jersey and had no relationship whatsoever with California other than that was where the franchisor was located.
Choosing a Forum
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
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Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.