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  • Article

    Know Your Filing Deadlines! California Revises Automatic Effectiveness Rule

    If you are filing a franchise renewal application in California, then you will need to do so earlier this year if you want to take advantage of the state’s automatic effectiveness rule.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    New Beer Franchise Bill Would Let Small Brewers Walk Away More Easily

    Over the past year, we have covered the legislature's attempts to reform the Massachusetts beer franchise law, G. L. c. 138, § 25E,
    United StatesCorporate/Commercial Law
    Bowditch & Dewey
    Bowditch & Dewey
  • Article

    New Jersey Federal Court Grants Summary Judgment Against Hotel Franchise Agreement Guarantor Enforcing Liquidated Damages Provision

    A federal court in New Jersey recently granted summary judgment against the guarantor of a hotel franchise agreement, requiring him to pay contractual post-termination damages. Ramada Worldwide Inc. v. Keys Hosp.
    United StatesCorporate/Commercial Law
    Lathrop GPM
    Lathrop GPM
  • Article

    NLRB Decision Pushes ‘Employee' Debate

    Elizabeth D. Sigety was featured in Marketplace article "NLRB Decision Pushes 'Employee' Debate."
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    North Carolina Moves To Define Franchise Employees

    Last month, the North Carolina State Assembly voted 109-0 to pass SB 303, which mandates that a franchisor is not the employer of a franchisee or a franchisee's employees.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Preparing FPRs: Is Variety The Spice Of Life?

    We continue with the third installment on Observations from the IFA Convention on the Ins and Outs of Financial Performance Representations ("FPRs"). Again, our thanks to Max Schott of Gray Plant Mooty for co-authoring this summary with me.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Service Animals: The Evolving Dog And Pony Show

    The following guidelines will help business owners avoid potential ADA violations pertaining wrongful exclusion of a patron with a service animal.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Tennessee Appellate Court Finds That Venue Clause In Franchise Agreement Is Permissive And Not Mandatory

    The Tennessee Court of Appeals reversed a district court's dismissal of a franchisee's declaratory judgment claim, finding that the claim was properly brought in Tennessee.
    United StatesCorporate/Commercial Law
    Lathrop GPM
    Lathrop GPM
  • Article

    Updating And Renewal Season Practice Pointer: Updating Often Overlooked FDD Disclosures

    Practices can vary greatly from franchisor to franchisor when it comes to updating a Franchise Disclosure Document at the end of a fiscal year.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Why Franchise Owners Just Got Very Nervous

    In case you're just back from vacation and have not kept a close eye on the business press, you may have missed the recent Browning-Ferris Industries decision issued on August 27 by the National Labor Relations Board.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Worker Classification Comes Under DOL's Scrutiny

    While the debate rages over the fallout from the Obama Administration's decision to revise overtime rules for the first time in almost a decade and a half, other threats to the franchising model continue lurking about as well.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Increased Scrutiny Of "No-Poach" Restrictions

    Earlier this year, Washington State Attorney General Bob Ferguson announced settlements with fast-food franchises to remove "no-poach" clauses from their franchise agreements.
    United StatesEmployment and HR
    BakerHostetler
    BakerHostetler
  • Article

    NLRB Decision Pushes 'Employee' Debate

    Elizabeth D. Sigety was featured in Marketplace article "NLRB decision pushes 'employee' debate."
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    NLRB Issues Joint Employer Decision Potentially Affecting Franchisors

    Under the previous standard, a company such as a franchisor could be a joint employer if it had direct and immediate control over working conditions.
    United StatesEmployment and HR
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    "Bankruptcy Recipe,"

    The post-COVID-19 restaurant renaissance has rapidly turned into a restaurant recession. Over the past year, a smorgasbord of notable restaurant chains and franchisees...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Webinar Recap! Enforcing Trade Secret And Non-Compete Provisions In Franchise Agreements

    As a thank you to our valued readers, we are pleased to announce the webinar "Enforcing Non-Compete Provisions in Franchise Agreements" is now available as a podcast and webinar recording.
    United StatesIntellectual Property
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Illinois Federal Court Joins Line Of Decisions Rejecting Attempts To Impose Municipal Franchise Fees On Streaming TV Providers

    We previously addressed a recent series of cases across the country in which municipalities sought to impose franchise fees, like those that apply to cable TV, on streaming TV providers like Netflix and Hulu.
    United StatesMedia, Telecoms, IT, Entertainment
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Today's Hotelier: Transfers Of Franchise Agreements

    Bob Braun recently wrote an article for Today's Hotelier on the issues hotel owners should watch for when selling a property with a franchise agreement.
    United StatesMedia, Telecoms, IT, Entertainment
    Jeffer Mangels & Mitchell LLP
    Jeffer Mangels & Mitchell LLP
  • Article

    Attorneys Examine Landmark Franchise Tax Repeal And Refund

    Bass, Berry & Sims attorney Mike Sontag, Steve Jasper, Sara Morgan and Robert Guth authored an article for Tax Notes State examining Tennessee's recent repeal of the state's so-called...
    United StatesTax
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    New York State Tax Department Releases Draft Combined Reporting Regulations Under Corporate Tax Reform

    The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise tax regulations.
    United StatesTax
    Morrison Foerster
    Morrison Foerster

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