About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

26 Franchise L.J. 1 (2006-2007)

handle is hein.journals/fchlj26 and id is 1 raw text is: FRANCHISE LAW JOuRNAL SM AMERICAN BAR ASSOCIATION QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING EDITORIAL Motorcycles, Zen, and Franchising .............. 2 WILLIAM L. KILLION Wh at's the connection between Zen and the Art of Motorcycle Maintenance and franchising? In his final column, our editor-in-chief uses the 1970s classic to make his point that what really matters are the people and relationships that shape franchising and franchise law POINT/COUNTERPOINT: WHAT IS A FRANCHISE? Unrecoverable Investments Are Critical ......... 3 JONATHAN SOLISH The author, who represented Avis Rent-a-Car System, Inc., in two recent Avis agency operator cases, concludes-as the courts did in both cases-that a licensee must actually make an unrecoverable investment in a business enterprise to warrant the protection of franchise legislation. State Relationship Laws Are Not Uniform ....... 3 BRUCE NAPELL the opposing counsel in one of the Avis cases contends that, in determining whether the agency operators paid franchise fees as defined in the Washington and California relationship acts, the courts incorrectly relied on foreign decisions that incorporate a community-of-interest test despite the fact that neither Washington nor California requires a community of interest. ALSO IN THIS ISSUE ... What Does e-Discovery Mean for Franchise Law?... 20 JAMES M. (DUKE) JOHNSTON JR. AND PHILIP A. WHISTLER otentially a great deal. On December 1, 2006, recent amendments to the Federal Rules of Civil Procedure gov- erning electronic discovery will take effect. Discovery in cyberspace is potentially expensive and fraught with peril for both sides. The authors offer some practical tips for manag- ing the process and keeping your clients out of trouble, including the New York Times rule for e-mails. VOLUME 26, NUMBER I * SUMMER 2006 0, Canada! ................................ 32 PETER MACRAE DILLON T he author-from his vantage point in London (Ontario, not the U.K.)-feels that franchising north of the 49th parallel is hindered by provincial laws and regulations and laments the fact that his fellow Canadians are not taking advantage of the experience of their colleagues across the border and elsewhere. Franchising & Distribution Currents ........... 37 ALLAN P. HILLMAN, ROBIN M. SPENCER, AND DAVID A. BEYER Decent case law and developments in franchising and IXdistribution. Franchise Law Journal (ISSN: 8756-7962) is published quarter- ly, by season by the American Bar Association Forum on Fran- chising, 321 North Clark Street, Chicago, Illinois 60610-4714. Franchise Law Journal seeks to inform and educate members of the bar by publishing articles, columns, and reviews concerning legal developments relevant to franchising as a method of distrib- uting products and services. Franchise Law Journal is indexed in the Current Law Index under the citation FRANCHISING. Requests for permission to reproduce or republish any mater- ial from the Franchise Law Journal should be addressed to Nicole Maggio, Esq., Copyrights & Contracts, at the address above, faxed to 312/988-6281, or sent to copyright@abanet.org. Address corrections should be sent to coa@abanet.org. The opinions expressed in the articles presented in Fran- chise Law Journal are those of the authors and shall not be construed to represent the policies of the American Bar Asso- ciation and the Forum on Franchising. Copyright © 2006 American Bar Association. Produced by ABA Publishing.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most