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C A L A B A S A S
23901 Calabasas Road Suite 2013 Calabasas, California 91302 Phone: (818) 224-3900 Fax: (818) 224-3911 Home Page Firm Resume Attorneys Franchise Articles Internet Law Entertainment Law Legal Links  Philip A. Kramer Harmon M. Kaslow |
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Franchising Business LitigationEntertainmentKramer & Kaslow is dedicated to providing quality legal services in a timely and cost effective manner. The firm engages in a sophisticated business practice with an emphasis on franchise law, business litigation, and entertainment and Internet transactions. For more information refer to our firm resume or contact Philip A. Kramer for franchise and litigation matters, or Harmon M. Kaslow for entertainment and Internet matters. Franchise Law Developments in Franchise Law Kramer & Kaslow represents and advises franchisees and franchisors on wide variety of matters. The Franchise Department's monthly newsletter is a valuable tool to assist you in tracking the latest developments in this area of the law. Index of recent articles. Kramer & Kaslow Argue Before Ninth Circuit Ninth Circuit Rules Forum-Selection Clauses Are Unenforceable by California Franchisors Kramer & Kaslow attorneys successfully argued before the Ninth Circuit in the precedent setting case of Jones v. GNC Franchising, Inc. At issue in Jones was the enforceability of the forum-selection clause in the parties' written franchise agreement. The clause required Jones to bring all actions in Pennsylvania, home of GNC's corporate offices. But, Jones, a California franchisee, brought suit against GNC in California state court. GNC removed the case to federal court and, relying on the forum-selection clause, moved to dismiss the action or transfer venue to Pennsylvania. Jones successfully argued that the forum-selection clause conflicted with California's public policy, and the District Court denied GNC's motions. The Ninth Circuit affirmed. Section 20040.5 of California's Business and Professions Code provides that forum-selection clauses in franchise agreements are void. In addition to the express language of the statute, the legislative history establishes a strong public policy of California to protect California franchisees. Therefore, the forum-selection clause in Jones' franchise agreement, requiring him to litigate in an out-of-state forum, is against public policy and is unenforceable. Full-text of the opinion in Jones v. GNC Franchising, Inc. (from the Ninth Circuit's website). New Media Digital Downloading Kramer & Kaslow's law practice has increasingly included a wide variety of internet ventures. Just as the internet is a new frontier for commerce, information, entertainment and technology, legal issues regarding these areas are rapidly becoming the next wave of Supreme Court rulings and law school debates. Music is poised to become one of the most lucrative items sold through the internet. This commercial activity raises new issues for composers, musicians and e-commerce businesses which are explored in the article The Future of Music for the Millenium Motion Picture Financing Entertainment Law Kramer & Kaslow has been involved in financing for independently produced motion pictures. Given our experience and industry relationships, Kramer & Kaslow is well-suited to advise clients who have financing and are in need of legal counsel. For more information, see our Entertainment Section or contact Harmon M. Kaslow. |
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