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23 Franchise L.J. 1 (2003-2004)

handle is hein.journals/fchlj23 and id is 1 raw text is: FRANcHIsE LAkw JOURAL AMERICAN BAR ASSOCIATION SM QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING 26th Annual Forum Goes Hollywood ........... 2 SUSAN GRUENEBERG T at's Hollywood, Florida, site of the 26th Annual Forum on October 22-24, 2003, at the new Westin Diplomat Resort & Spa. Chair Susan Grueneberg outlines an ambitious three-day program, packed with CLE and networking opportunities. For more information and registration forms, check the Forum's website at www.abanet.org/forums/franchising. Are There Due Process Limits on Arbitral Punitive Damage Awards? ................... 3 EDWARD WOOD DUNHAM N o, according to the Eleventh Circuit and at least two federal district courts, which have held that judicial enforcement of an arbitration award is not state action under the Due Process Clause. These courts may have reached an untenable conclusion with extremely worri- some potential ramifications, says the author, who cites Supreme Court precedent to bolster his arguments. In prac- tical terms, he warns, unlimited punitive damages could threaten arbitration's role as a crucial dispute resolution alternative. Antitrust and Franchising: Conspiracies Between Franchisors and Franchisees Under Section I .... 7 SUZANNE E. WACHSSTOCK AND ERIKA L. AMARANTE Trhe fact that two alleged conspirators under Section 1 of I the Sherman Antitrust Act are parties to a franchise agreement does not mean, as a matter of law, that they are incapable of conspiring. Instead, according to the authors, a determination of the limits of antitrust liability in franchis- ing is highly fact-intensive and requires an appreciation of the scope of the franchise relationship, the business justifi- cations for the alleged restraint, and an understanding of why a franchisor imposes particular restrictions upon its franchisees. VOLUME 23, NUMBER I • SUMMER 2003 The Antitrust Risks of Information Sharing .... 17 CORBY C. ANDERSON AND TED P. PEARCE 'Ths article examines how franchisors and franchisees I avoid antitrust-related risks in information sharing. It defines information sharing, explores its benefits, exam- ines how courts have treated the practice, looks at guide- lines and antitrust safety zones established by federal regulators, and suggests precautions that competitors can take when they share information. The U.S. Supreme Court Dilutes the Federal Dilution Statute .................... 24 COURTLAND L. REIcHmAN AND M. MELISSA CANNADY rhe U.S. Supreme Court recently narrowed the scope of the Federal Trademark Dilution Act (FTDA) and there- by made it more difficult for plaintiffs to obtain federal relief for dilution. The Court held that the FTDA requires proof of actual dilution in a decision that may well block franchisors from obtaining preliminary injunctions against trademark violations. The authors examine how franchisors can protect the integrity of their marks. Perilous Prospects-Part I1: Lawsuits to Get into the Franchise System ............... 34 DAVID A. BEYER AND Scor P. WEBER re second and final section of a two-part article about ow to reject potential franchisees looks at some of the more potentially troublesome issues between franchisors and prospects. The article examines pertinent cases and concludes with The Perilous Prospects Prevention Pro- gram, recommendations on how to avoid litigation and reduce the risks of liability. Franchising Currents ....................... 49 WILLIAM L. KILLION, DiANE GREEN-KELLY, AND JEFFERY S. HAFF V illion, Green-Kelly, and Haff summarize recent court ! decisions concerning franchising.

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