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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 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 with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?