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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