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31 Franchise L.J. 1 (2011-2012)

handle is hein.journals/fchlj31 and id is 1 raw text is: QUARTERLY JOURNAL OFTHE FORUM ON FRANCHISING VOLUME 31, NUMBER I _ SUMMER 2011 In This Issue Annual Forum Offers Great Opportunity to Learn, Share Your Expertise, and Network...........2 CHRISTOPHER P. BUssERT L ooking for other opportunities to get involved or to meet members with similar interests? There is no better place than the Annual Forum scheduled for October 19-21 in Baltimore. In addition to a full program schedule, you will also have an opportunity to meet your colleagues and engage in a community service activity. Antitrust Law, Franchising, and Vertical Restraints ............................................................. 3 ROBERT T. JOSEPH A t one time, antitrust was the weapon of choice for franchisees disgruntled with what they perceived as franchisor transgressions. It offered a reduced burden of proof and the prospect of treble damages, court costs, and attorney fees. Antitrust law has receded to a secondary role compared to other legal doctrines affecting the franchisor- franchisee relationship. But the intersection of franchise and antitrust law is still dangerous for the unwary, warns the author. Requirement of a Bond for a Preliminary Injunction ............................................................... I5 ELLIOT R. GINSBURG F ranchisors and franchisees alike seek preliminary injunctions. But the moving party probably will be required to post a bond to cover the costs and damages of the other party if the court wrongfully issues the injunc- tion. The amount of the bond often is substantial and, as a result, may influence the moving party's legal strategy. Extension of Legal Malpractice Claims to Nonclients .......................................................... 21 RICHARD C. DUELL III As attorneys and law firms struggle to stay afloat, poten- rtially their biggest challenge is just over the horizon- the growth of legal malpractice claims from third parties who are not clients. This article examines the exposure franchise lawyers and their law firms face from third-party actions and seeks to identify a safe harbor from the perils of an erosion of privity. Prelitigation Dispute Resolution Clauses.....28 ELIZABETH M. WELDON AND PATRICK W. KELLY A Iternative dispute resolution is often touted as the best way to avoid the high cost of litigation. Given these benefits, one would think that prelitigation dispute resolution clauses, contractual clauses that require parties to mediate or negotiate before they go to court, would be routinely enforced. Not so, wam the authors. Enforce- ment is not always a foregone conclusion. Franchise (& Distribution) Currents...............37 JASON J. STOVER, C. GRIFFITH TOWLE, AND DAVID M. BYERS WITH CONTRIBUTIONS BY ROBIN M. SPENCER AND ROBERT M. EINHORN A detailed review of recent franchise and distribution decisions. Franchise Law Journal (ISSN: 8756-7962) is published quarterly, by season, by the American Bar Association Forum on Franchising, 321 North Clark Street, Chi- cago, Illinois 60654-7598. Franchise Law Journal seeks to inform and educate members of the bar by publishing articles, columns, and reviews concerning legal develop- ments relevant to franchising as a method of distributing 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 material from the Franchise Law Journal should be sent to copyright@americanbar.org. Address corrections should be sent to coa@americanbar.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 Association and the Forum on Franchising. Copyright ©2011 American Bar Association. Produced by ABA Publishing. QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING VOLUME 3 1, NUMBER I * SUMMER 2011

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