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27 Franchise L.J. 1 (2007-2008)

handle is hein.journals/fchlj27 and id is 1 raw text is: ERANCHISE LAW JoumRNAL AMERICAN BAR ASSOCIATION QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING VOLUME 27, NUMBER I • SUMMER 2007 In This Issue Breaking Up Is Hard to Do .................... 3 ROBERT EBE,. DAVID STEINBERG, AND BRETT WAXDECK T he authors suggest that the current case law on recov- ery of future lost profits from terminated franchisees is out of sync and that an approach more in line with the basics of contract law is necessary. Do Franchisee Associations & Arbitration Mix? .... 16 EDWARD WOOD DUNHAM AND ERIKA AMARANTE N ot well, according to the authors. After analyzing the inherent conflict between associational standing and arbitration agreements, they argue that courts and arbitra- tors should not permit a franchisee association to arbitrate individual members' claims against a franchisor. The Ubiquitous Gift Card ................. 23 PHILLIP BOHL, KATHRYN BERGSTROM, AND KEVIN MORAN Prepaid card breakage may be subject to state unclaimed Pproperty laws. The authors pinpoint problems that imlay affect franchisors as a result. How to Deal with Holdovers ............... 30 CHRISTOPHER P. BUSSERT AND WILLIAM BRYNER step-by-step approach to anticipating actions by former franchisees, including prelitigation measures and litiga- tion strategies for franchisors and franchisees alike, and most important, how to avoid similar problems. Arbitration and Bankruptcy ............... 37 MARK SALZBERG AND GARY ZINKGRAF jn the absence of clear-cut principles to determine the enforce- lability of arbitration clauses in bankruptcy, the authors exam- ine case law and provide suggested approaches. Open Price Terms, Bad Faith, and the UCC .. 45 DOUGLAS BERRY. DAVID BYERS, AND DANIEL OATES C onflicts may arise under UCC Section 2-305 regarding open price terms and bad faith actions against a fran- chisor. The authors propose a framework for analysis of future disputes that offers a more equitable approach for determining whether a party's conduct conforms to the obligation of good faith under the UCC. Business in Beijing ....................... 57 PAUL JONES AND ERIK WULFF T he authors look at the sweeping new Chinese regula- tions and discuss their impact on existing franchise systems in China, disclosure requirements, and enforce- ment mechanisms. Franchise & Distribution Currents .......... 64 DAVID BEER. JASON STOVER, AND DAVID BYERS C'urrent cases affecting franchise and distribution systems. Fr1_ I

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