R Global member Michael Einbinder, a founding partner of Einbinder & Dunn discusses all things franchise, including how it is defined, the critical nature of trade secrets...

Aside from Dwyer, what else has happened in the last year or so in the courts which might be relevant to a franchise lawyer?

Following Quantum Actuarial LLP v Quantum Advisory Limited [2021] EWCA Civ 227 and Dwyer (UK Franchising) Limited v Fredbar Limited and Shaun Rowland Bartlett [2022] EWCA...

The scope of the e-Privacy Regulation is very wide, and will broadly apply to any business that provides any form of online communication service, that utilises online tracking technologies...

Expanding a franchise system into other countries is often a great opportunity for franchisors to reach untapped markets and grow their brands.

The resolution cites statistics from a recent study on the regulatory framework for franchising in the EU, commissioned by its Internal Market and Consumer Protection Committee (IMCO)...

The English law of contract is well known for not having a general duty of good faith and the approach to dealing with good faith situations in case law has been piecemeal, in line with the general development of common law.

The development and growth of franchise networks relies on the availability of accessible funding.

How important is the digital future on the franchise model in the UK?

Franchising continues to be the preferred model by which international businesses can quickly expand into the rapidly developing economies in the Middle East, without the risk and significant capital investment traditionally associated with directly establishing company-owned stores.

The English law of contract is well known for not having a general duty of good faith and the approach to dealing with good faith situations in case law has been piecemeal...

Restrictive covenants are very common in franchise, agency and distribution agreements. They seek to protect goodwill, know-how and customer relationships.

Shifting consumer habits and seemingly inexhaustible developments in technology for the masses mean that businesses now have access to information about how their customers tick as never before.

From a legal point of view, the reservation of channels such as e-commerce will only work in jurisdictions where the local competition authorities do not view these restrictions and prohibitions as having a problematic effect on competition.

This case concerned MGB’s purchase of one of Kall Kwik’s existing printing services franchises.

Over the past two decades, the value of sports franchises and related assets has skyrocketed, with rapid revenue growth across various commercial streams including the more traditional broadcasting and sponsorship (both now of course more global than ever), to new commercial tie ups and off field year round monetisation of stadia. While the skyrocketing valuations have prompted some commentators to argue that we could be witnessing the formation of a "sports bubble", this does not seem correct to us.

For any successful international business, expansion into the United Kingdom offers exciting new business opportunities and growth potential.

The dismissal of an employee for a reason connected with a TUPE transfer is automatically unfair unless the transferee establishes that the reason for the dismissal is an economic, technical or organisational reason entailing changes in the workforce (an 'ETO reason').

A recent adjudication by the Advertising Standards Authority raises interesting issues for franchisors who conduct national price promotions on behalf of their franchise network.

Directly Operated Railways, the state owned operator of last resort, will also be making preparations to take over any of the above services in the event that negotiations with the incumbent operators fail.