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First Circuit orders workers to arbitrate claims despite not signing arbitration agreement

Seyfarth Shaw LLP
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USA
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March 15 2013

In Awuah v. Coverall North America, Inc., the U.S. Court of Appeals for the First Circuit dispensed an important win to businesses by ordering

First Circuit rejects heightened notice requirements and enforces workplace arbitration clause

Seyfarth Shaw LLP
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USA
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January 8 2013

In Awuah, et al. v. Coverall North America, Inc., No. 12-1301 (1st Cir. Dec. 27, 2012), the First Circuit reversed a district court's ruling and ordered

Arbitration agreement may permit class-wide arbitration despite lack of express language

Seyfarth Shaw LLP
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USA
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August 1 2012

In Fantastic Sams Franchise Corp. v. FSRO Association Ltd., the U.S. Court of Appeals for the First Circuit held that an arbitrator, rather than a judge, must decide if an arbitration agreement that is silent on class arbitration allows for a dispute to be arbitrated on an individual or class-wide basis

California franchisor may be vicariously liable for harassment of a franchisee’s employee

Seyfarth Shaw LLP
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USA
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July 5 2012

In Patterson v. Domino's Pizza, LLC, the Court of Appeal issued a potentially far-reaching decision that could hold a franchisor vicariously liable for workplace harassment by one of its franchisees

New day in Georgia for restrictive covenants

Seyfarth Shaw LLP
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USA
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November 3 2010

On November 2, Georgians voted overwhelmingly in favor of updating Georgia's restrictive covenant law

Protecting goodwill: advice for franchisors and franchisees

Seyfarth Shaw LLP
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USA
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October 15 2010

Periodically, we see significant trade secrets issues arising in the franchise context

Federal court sends franchisee-franchisor trade secret and breach of contract dispute to arbitration

Seyfarth Shaw LLP
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USA
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September 15 2009

In a battle of competing noodle franchises, a federal district court in Arizona recently granted a franchisee’s motion to compel arbitration in a trade secret and breach of contract dispute with its franchisor

Franchisees in Georgia can compete with franchisors during term of franchise

Seyfarth Shaw LLP
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USA
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July 16 2009

In Atlanta Bread Co. Int’l, Inc. v. Lupton-Smith, S08G1815, 2009 WL 1834215 (Ga. Jun. 29, 2009), the Georgia Supreme Court held that a non-compete provision that covers a franchisee during the term of a franchise agreement (an “in-term non-compete”) is subject to the same strict scrutiny as a non-compete provision that applies after the end of the relationship (a “post-term non-compete”

Georgia Supreme Court holds that in-term restrictive covenants are subject to strict scrutiny

Seyfarth Shaw LLP
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USA
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June 29 2009

In Atlanta Bread Co. Int’l, Inc. v. Lupton-Smith, S08G1815, 2009 WL 1834215 (Ga. Jun. 29, 2009), the Georgia Supreme Court today confirmed that in-term restrictive covenants are subject to the same strict scrutiny standard applied to post-term covenants and the same reasonableness standards of time, territory, and scope

Recent Ninth Circuit decision has important implications for franchise and other exclusive dealing relationships in California

Seyfarth Shaw LLP
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USA
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March 3 2009

In Comedy Club, Inc. v. Improv West Associates, 553 F. 3d 1277 (9th Cir. January 29, 2009), the Court recently held that in-term (during the term of contractrelationship) covenants not to compete in “franchise-like” agreements governed by California law are void if they foreclose competition in a substantial share of a business, trade, or market

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