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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