The arbitration clause as class action shield

Article Abstract:

Arbitration clauses in franchise agreements can be effective tools in minimizing the risks posed by class actions suits brought against franchisors. Franchisees are less likely to pursue suits on an individual basis. Franchisors may have to overcome jurisdictional challenges to ensure that provisions of the Federal Arbitration Act are available to force arbitration. These jurisdictional issues include diversity and amount in controversy.

Class actions (Civil procedure), Class action lawsuits, Prevention, Commercial arbitration agreements, Federal jurisdiction, states

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When should a confidentiality agreement contain a time limit?

Article Abstract:

Problems created during the drafting of franchise confidentiality agreements by a failure to distinguish between trade secrets and confidential information are discussed.

United States, States, Interpretation and construction, Contracts, Trade secrets

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