The American Bar Association Section of Antitrust Law has recently published the 2nd edition of its Franchise and Dealership Termination Handbook (see: ABA – Franchise and Dealership Termination Handbook).
From the ABA:
“The Franchise and Dealership Termination Handbook provides practical guidance for lawyers as they counsel their clients and navigate the difficult issues that often arise when a franchise or dealership ends. Termination is often the last thing parties consider when they first enter into a franchise or dealership relationship, but it is a critical event for all parties involved, and can give rise to significant duties and liabilities. A thorough understanding of the contractual relationship between the parties, and the common law and statutory landscape of franchise and dealership termination, is critical to protecting the rights and interests of all involved.
This book explains what a termination involves, the steps involved in that process, and how counsel can protect their clients’ respective rights and interests. Issues covered include: how to prepare for a termination; statutory limits on termination rights; alternatives to termination; litigation and alternative dispute resolution; frequent counterclaims; antitrust claims in the termination context; post-termination covenants not to compete; and post-termination trademark and trade secret infringement. The second edition of this immensely popular book has been fully updated to incorporate the latest developments in this complicated area of law, and will be an invaluable resource for specialists and generalists alike.”
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