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Awuah v. Coverall: What, If Anything, Does the Dicta Mean for State Regulators?
The Awuah v. Coverall North America, Inc. case primarily involves the issue of whether “franchisees” in the Coverall system were, in reality, “employees” under Massachusetts law. In a recent opinion, the First Circuit addressed the issue of an arbitration clause in the parties' franchise agreements and whether it was unenforceable. See Awuah v. Coverall North America, Inc., __ F.3d __, 2012 WL 6699813 (1st Cir. Dec. 27, 2012). The franchisees/employees argued, among other things, that the clause was unenforceable because it was not displayed in a conspicuous manner. The court rejected this argument, stating:
Even if the district court had identified a principle of state law that imposed a special notice requirement before parties such as these could enter into an arbitration agreement, as it did not, such a principle would be preempted by the FAA. Id. at *7 (emphasis added).
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
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.