Does Your Franchise Agreement Address Group Arbitration?

A popular contractual tool for franchise systems is a mandatory arbitration provision. A pair of recent decisions suggest that, where a franchisor’s franchise agreement does not directly address the issue of class- or group-wide arbitration, franchisees may be able to consolidate their claims and proceed against the franchisor as a group. The cases illustrate the importance for a franchisor of ensuring that its franchise agreement’s arbitration clause is drafted carefully.

Business Lessons Learned From “The Dark Knight Rises”

In “The Dark Knight Rises,” Bruce Wayne / Batman learns a valuable lesson about how dangerous complacency can be, as he is completely unprepared for the threat that is Bane. The lesson learned by Wayne is one that applies equally to franchise systems and other businesses: overconfidence and complacency can be hazardous to the long-term survival of the system.

1 2