Craig R Tractenberg

July 19, 2024 | The Legal Intelligencer

The policy statement from the commission addresses restrictions on the ability to report and collect information about potential law violations. The FTC staff also issued guidance about the charging of fees not disclosed when a franchisee purchases a franchise. The response to these statements are mixed.

By Craig R. Tractenberg

7 minute read

June 14, 2024 | The Legal Intelligencer

The court found there was no evidence that Rita's used litigation before seeking arbitration so as to cause a waiver. The mere fact that Rita's waited until there was a dispute to arbitrate did not constitute a waiver.

By Craig R. Tractenberg

5 minute read

May 23, 2024 | The Legal Intelligencer

As a statutory interpretation case, the court examined the text, structure, and purpose of the FAA. The only conclusion which could be drawn is that "when a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the court proceeding pending arbitration, the court does not have discretion to dismiss the suit on the basis that all the claims are subject to arbitration."

By Craig R. Tractenberg

6 minute read

April 22, 2024 | The Legal Intelligencer

In the case of Waldron v. SVHB Marketing, franchisees' RICO case was dismissed on summary judgment for failure to exhaust the mediation prerequisite to filing a lawsuit against the franchisor and its personnel.

By Craig R. Tractenberg

6 minute read

March 19, 2024 | The Legal Intelligencer

The cases are important not only because of the large size of the awards at issue, but also because arbitration is the preferred method by which the world's commercial disputes are being resolved.

By Sarah Biser and Craig R. Tractenberg

5 minute read

February 20, 2024 | The Legal Intelligencer

A nondisclosure agreement (NDA) can protect against misappropriation and misuse of information.

By Craig R. Tractenberg

5 minute read

January 23, 2024 | The Legal Intelligencer

A crafty interrogator may well require the production of documents and other things subject to privilege. A defender of a deposition should know how to reduce this risk.

By Craig R. Tractenberg

7 minute read

December 21, 2023 | The Legal Intelligencer

Commercial arbitration is increasing in frequency and value. Recent cases have addressed two emerging issues. The first is whether a nonsignatory to an arbitration clause can compel or avoid arbitration. The second, more novel issue, is whether a nonsignatory can compel another nonsignatory to arbitration.

By Craig R. Tractenberg

5 minute read

November 16, 2023 | The Legal Intelligencer

Although a jury awarded $2,109,553 to Clarence Coryell and his wife, Sandra, and against Domino's for vicarious liability, the Pennsylvania Superior Court reversed and remanded with instructions that Domino's was not vicariously liable.

By Craig R. Tractenberg

5 minute read

October 05, 2023 | The Legal Intelligencer

It makes a difference whether the determination is an arbitration or an expert decision. We see these clauses frequently. Something similar to "The franchise buyout price shall be determined by submission by each side's appraiser, whose reports shall be submitted to a third, whose decision shall be binding."

By Craig R. Tractenberg

6 minute read