32 Franchise L.J. 1 (2012-2013)

handle is hein.journals/fchlj32 and id is 1 raw text is: QUARTERLY JOURNAL OFTHE FORUM ON FRANCHISING                    VOLUME 32, NUMBER I  SUMMER 2012

In This Issue

So Long, and Thanks for All the Fish             2
CHRISTOPHER P. BUSSERT
Borrowing the title of the fourth book in the Hitchhiker's
Guide to the Galaxy series, the editor-in-chief bids adieu
and welcomes Bethany Appleby as his successor.
Applicability of the Presumption of Irreparable
Harm After eBay                                  3
RONALD T. COLEMAN JR., TRISHANDA L. TREADWELL,
AND ELIZABETH LOYD
Surprisingly, six years after the Supreme Court's landmark
decision in eBay, Inc v. MercExchange, LLC, lower federal
courts continue to grapple with its scope and applicability
Does the eBay rationale apply beyond patent cases?
Should it apply to preliminary injunctive relief as well as
permanent injunctions? The answers often depend on the
court hearing the case.
Controlling the Personal Habits of
Franchisees Within and Outside the
Franchise Environment                           Is
KEVIN BATIK AND JAMIE EDWARDS
How much control do franchisors have over the nonwork
lives of their franchisees and its employees? Not much,
warn the authors, who-after review of applicable federal
and state law-advise franchisors to tread [very] carefully.
Unless the franchisee's activities are illegal or directly harm
the franchise system, franchisors can't do much about them.
The Enforceability and Applicability of a Statute
of Limitations in Arbitration                   26
CRAIG P. MILLER AND LAURA DANYSH
Franchise agreements often contain arbitration clauses
that identify the forum for resolving future disputes. But
they rarely contain language specifying which state statute
of limitations, if any, will apply. The absence of such lan-
guage may lead to a court or arbitrator ruling that statutes
of limitations do not apply to the dispute at issue.
Reasons to Friend Electronic Discovery Law 35
DANIELLE M. KAYS
The author presents an update of recent electronic discov-
ery decisions and explores the differences among and
within the various federal circuits concerning the level of

culpability of a party necessary to impose sanctions in dis-
putes over electronic discovery. She also looks at some of
the e-discovery issues that litigants should consider.
Unclaimed Property:An Ancient Concept
Creating Modern Liabilities                        41
DIANE GREEN-KELLY
As states look for more sources of revenue to fill budget
shortfalls, franchisors and franchisees alike can expect
stepped-up enforcement of unclaimed property laws,
which include gift cards and other forms of intangible
property. The consequences of noncompliance are steep.
Franchising Bookshelf                              5I
DAVID A. BEYER
An intermittent FLJ feature returns with a review of
David Gurnick's Distribution Law of the United States,
which our reviewer says synthesizes into one volume a
cogent explanation of the various laws affecting the
domestic distribution of goods and services.
Franchising (& Distribution) Currents              53
JASON J. STOVER, SARAH J. YATCHAK, AND Amy CHENG
This detailed review of recent franchise and distribution
case law is one of FLis most popular features.
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 @2012 American Bar Association. Produced
by ABA Publishing.

QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING

VOLUME 32, NUMBER I * SUMMER 2012

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