30 Franchise L.J. 1 (2010-2011)

handle is hein.journals/fchlj30 and id is 1 raw text is: QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING                       VOLUME 30, NUMBER I * SUMMER 2010

In This Issue

The Forum Provides Tools to Support Our
Sophisticated  Specialty......................................2
CHRISTOPHER P. BUSSERT
Inexperience and franchise law make a particularly bad
combination, as evidenced by Nebraska v. Orr, a case in
which an attorney found out the hard way that drafting
franchise documents is not the same as drafting standard
contracts. With the help of Forum resources, however,
the type of nightmare arising from Orr can be put to rest.
How Waiver, Modification, and Estoppel
May Alter Franchise Relationships ..................3
KERRY L. BUNDY AND Scorr H. IKEDA
Franchise agreements are not always as good as their
word. As franchise relationships develop, the franchisor
sometimes institutes temporary plans or relaxes certain
requirements. Waiver, modification, and estoppel then
act on those agreements in ways not intended when the
agreements were executed. What's a franchisor to do?
Puerto Rico's Dealer and Franchise Statute
Adapts to the Latest Developments in Law,
Commerce, and Technology ............................ 10
MANUEL A. PIETRANTONI AND RICARDO F. CASELLAS
Puerto Rico is a business haven for franchisees and deal-
ers. Or is it? Law 75 mandates just cause for termination
of a franchise or distribution agreement, so many view it
as a protectionist law for franchisees and dealers. But the
Puerto Rico Civil Code, federal copyright and trademark
laws, and judicial interpretations of just cause could be at
odds with the still-evolving Law 75.
Survey of Daubert Challenges in the Context
of Franchise Liability Experts ......................... 17
CHRISTINA L. FUGATE, BRIAN I PAUL, AND JAMEs L. PETERSEN
Expert testimony has been expertly challenged under
Daubert. Proposed expert testimony can be excluded for
multiple reasons. However, courts will admit franchise
liability expert testimony if it adheres to Rule 702 guide-
lines. Overcoming a Daubert challenge is not impossible
if you know the type of testimony allowed and the attri-
butes that qualify an expert in the eyes of the court.

Microfranchising: A Business Approach
to Fighting Poverty .......................................... 24
DEBORAH BURAND AND DAVID W KOCH
Poverty afflicts a large number of people worldwide, but
franchising on a small level can help alleviate the prob-
lem. Whereas commercial franchising primarily benefits
franchisors, microfranchising benefits those at the base
of the economic pyramid-by creating job opportuni-
ties. Although such scalable business opportunities have
inherent challenges, the rewards can be great.
Franchisor Direct Liability .............................35
JAY HEWITT
Vicarious liability only goes so far in litigation against a
franchisor. Recognizing this, plaintiffs favor direct liabil-
ity claims, in which the franchisor is alleged to be neg-
ligent independent of negligence by the franchisee. The
amount of control a franchisor exerts over its franchisee
is a critical factor in judicial decisions involving direct
liability claims. The author addresses ways franchisors
can prevent and, if necessary, address such litigation.
Franchise (& Distribution) Currents.............43
JASON J. STOVER, C. GRIFFITH TOWLE, AND DAVID M. BYERS
A detailed review of recent franchise and distribution law.
Franchise Law Journal (ISSN: 8756-7962) is published quarter-
ly, by season, by the American Bar Association Forum on Fran-
chising, 321 North Clark Street, Chicago, Illinois 60654-7598.
Franchise Law Journal seeks to inform and educate members
of the bar by publishing articles, columns, and reviews concern-
ing legal developments relevant to franchising as a method of
distributing products and services. Franchise Law Journal is in-
dexed 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@
abanet.org. Address corrections should be sent to coa@abanet.org.
The opinions expressed in the articles presented in Franchise
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 @2010 American Bar Association. Produced by
ABA Publishing.

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?