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  • Article

    Professional Athletes Franchise Initiative Two Years Later

    A couple years ago, I wrote a blog on the first Annual Summit of the Professional Athletes Franchise Initiative (PAFI). Fox Rothschild had become a charter member of that initiative, which seeks "To advocate the value of the franchise industry to the professional athlete community while at the same time advocate the value of the athlete community to the franchising industry."
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    SBA Franchise Registry Eliminated As Of May 11, 2023

    The U.S. Small Business Administration (SBA) is amending various regulations governing SBA's 7(a) Loan Program and 504 Loan Program.
    United StatesCorporate/Commercial Law
    Greensfelder, Hemker & Gale
    Greensfelder, Hemker & Gale
  • Article

    Should You Form A Corp Or An LLC?

    A question I am often asked by clients and practitioners alike is: Should I form a corporation or a limited liability company (LLC)?
    United StatesCorporate/Commercial Law
    Newmeyer & Dillion
    Newmeyer & Dillion
  • Article

    Sixth Circuit Holds Michigan Franchise Investment Law Voids Forum Selection Clause

    The Sixth Circuit has held that a contractual forum-selection clause in a franchise agreement was unenforceable because it violated state law.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    South Korea Fair Trade Commission Imposes Huge Penalty On Franchisor

    The South Korea Fair Trade Commission ("SKFTC") recently imposed the maximum possible penalty—1.9 billion won (approximately US$1.88 million)—on a South Korean franchise for violating the Fair Transactions in Franchise Business Act (the "Act").
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Start The FTC And State Annual Update And Renewal Process Now!

    Many franchisors’ fiscal year ended on December 31st. The FTC gives a franchisor 120 days to update its franchise disclosure document (FDD) but you should be gathering the information needed to update your FDD and file your statespiral photos renewals (if applicable) NOW!
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Tesla: The Pennsylvania Compromise

    A bill (Senate Bill 1409) providing for the creation of up to five Tesla stores in Pennsylvania passed out of the Pennsylvania Senate late last week.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    The Necessary Element Of The Crime-Fraud Exception? Intent

    On Wednesday, just before the Thanksgiving Day holiday in the U.S., the judge handling the MDL litigation involving failures of General Motors' ignition switches issued a major discovery decision that had been pending for many months.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    The Role of the Internet and Other Media in Attacks Against Franchisors

    A relevant and timely issue raised at the ABA Forum relates to the role of the internet and "new media" in attacks on franchise systems, and the threat posed by the use of websites, blogs, chat rooms, social networking sites, and virtual worlds.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Ukraine Finally Adopts Long-Awaited Franchise Regulations

    After a decade-long wait, Ukrainian franchise regulations will become effective on April 21, 2015.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Unknown Standards of Materiality Lead Governor Brown To Veto SB 610

    His message states that he "needs a better explanation of the scope of the problem so I am certain that the solution crafted will fix those problems and not create new ones."
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    What Does Tesla Teach Us About The Future?

    The Wall Street Journal recently had a very comprehensive article about Tesla's efforts to establish "stores" that sell and deliver its electric vehicles directly to consumers.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    "Your Comments Here": The FTC Seeks Public Comment On The Nature Of Franchise Relationships

    On March 10, 2023, the Federal Trade Commission (FTC) notified the public it is seeking comments from franchisors, franchisees, and other related parties about franchise agreements...
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Joint Employer Status For Franchisors Sees Some Reprieve, But Not Enough Yet For Celebration

    Against this backdrop, one might expect the Board's next pronouncement in this area would reinforce the position taken by the General Counsel.
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    State Attorneys General Investigate Fast Food Franchisor "No Poach" Agreements

    The Attorneys General of ten states are investigating fast food franchisors for their alleged use of "no poach" provisions in their franchise agreements ...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Subcontractor Or Franchisee Relationships May Expose Companies To Joint-Employer Status After Recent NLRB Decision

    In a recent decision, Browning-Ferris of California, Inc., the National Labor Relations Board (the "Board") redefined and expanded its test for determining joint-employer status.
    United StatesEmployment and HR
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    Taxes Are Not The Only Thing To Worry About In Washington — Employers Face Stiff Fines For Violating Washington, D.C.'s Ban On Non-Competes

    While many state legislatures have jumped on the Federal Trade Commission's (FTC) bandwagon by enacting prohibitions on restrictive covenants (which includes both non-competition and non-solicitation...
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Tennessee Takes Shot At NLRB In New Law Limiting Franchisor Liability

    Franchisors in Tennessee can breathe a small sigh of relief thanks to a newly enacted state statute that seeks to limit their potential liability and strike back at the general counsel...
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    The Evolving Definition Of Joint Employers

    The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    The NLRB Delivers A Win For Gig Economy Employers By Making It Easier To Classify Workers As Independent Contractors Under The NLRA.

    Seyfarth Synopsis: In another employer friendly decision, the NLRB explicitly overruled an Obama administration precedent in emphasizing the importance of entrepreneurial activity ...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP

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