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  • Article

    Plain Language Matters: Engine Manufacturer Held Not A Franchisor Under New York Dealer Law

    The New York District Court recently ruled that a truck engine manufacturer was not a franchisor under the New York Franchised Motor Vehicle Dealer Act (Dealer Act).
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    SEIU Now Targeting Franchisees

    As the Wall Street Journal notes, it doesn't appear that the SEIU has been able to build a large or strong coalition of franchisees for its effort.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Sugary Drink Legislation moves West–Far West

    In keeping with this blog’s attention to legislation addressing the health hazards of "sugary drink" consumption, we now move to the great state of California.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    McDonald's Corp Was Not The Joint Employer Of Its Franchisees' Employees

    McDonald's Corporation ("McDonald's") was named as a defendant in a putative class action filed by the employees of the Haynes Family Limited Partnership, which operated eight McDonald's franchises in the Bay Area.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Texas Court Strikes Down Prohibition On Payments For Brand Rights

    Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state's Beer Industry Fair Dealing Law...
    United StatesFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Are You Prepared? Major Changes Coming To U.S. Copyright Database

    One of the major benefits of the Digital Millennium Copyright Act is that website owners can gain the protection of the DMCA's safe harbor provisions by registering a DMCA agent with the U.S. Copyright Office.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    FTC Issues New Data Breach Response Guide

    The FTC has issued an updated data breach response guide. The guide provides an outline of steps the FTC believes your company should follow in the event of a data breach. They fall into several broad categories: securing operations, fixing vulnerabilities, and notifying appropriate parties.
    United StatesPrivacy
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Podcast

    The Property Line - Future Of Franchising In The Retail/Restaurant Space (Podcast)

    The Property Line is a brief and lively discussion of the biggest issues facing the commercial real estate industry.
    United StatesReal Estate and Construction
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Illinois Amnesty Programs Now Underway

    As previously announced, the Illinois Department of Revenue has begun a new amnesty program, running October 1 through November 15, 2019
    United StatesTax
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    FTC Excludes A Franchisee In The Context Of A Franchisee-Franchisor Relationship From Its Final Rule Banning Non-Competes

    The Federal Trade Commission (FTC) approved a final rule imposing a national prohibition against non-competes along partisan lines (3-2) during an open meeting on April 23, 2024 (the Final Rule).
    United StatesAntitrust/Competition Law
    McDonald Hopkins
    McDonald Hopkins
  • Article

    Are You Legally Collecting Zip Codes During Credit Transactions?

    I was recently on vacation with my family. Every time I stopped for gas, or when I bought groceries at an out-of-state grocery store, the card processing unit prompted me to enter my ZIP code to complete the transaction. Was this practice illegal?
    United StatesConsumer Protection
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Car Dealers Must Continue To Provide "Essential Services" During The Coronavirus Pandemic

    In the past two weeks, numerous states have ordered businesses deemed non-essential to eliminate their in-person workforce to slow the spread of the coronavirus.
    United StatesCoronavirus (COVID-19)
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    2018 Mississippi Franchise Law Recap

    The new year is as much a time for reflection as it is for resolution. With this in mind, I'd like to briefly look back at last year's franchise law developments in Mississippi.
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    NLRB's ‘Joint Employer' Decision Could Lead To Labor Law Headaches For Franchisors

    The final resolution of these questions may be some years away, but monitoring further developments will assist you in restructuring your agreements and system to be in the best position to avoid joint employer liability.
    United StatesCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    NLRB's ‘Joint Employer' Decision Could Lead To Labor Law Headaches For Franchisors

    Franchisee employees may be considered "joint employees" of the franchisor for purposes of collective bargaining and other employment issues under the National Labor Relations Board's recent...
    United StatesCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    ABA Forum Takeaway – Yes. Lawyers Have An Ethical Obligation To Be Computer Literate

    As most lawyers know, finding CLE ethics credits can be difficult so I sat in on this year's ABA Forum on Franchising seminar "Ethical Risks in Cyberspace.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Annual Report Filing Reminders For DE, MA, NY And CO

    This is a reminder that annual report filings are due in March 2026 for corporations formed or registered in Delaware and Massachusetts.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Are You At Risk For A Lawsuit Over Restaurant Tipping And Over-Time Violations?

    A multi-unit Houlihan's franchisee, A.C.E. Restaurant Group Inc., operating 17 restaurants across New York and New Jersey is accused of keeping tips and wages from servers and bartenders and failing to pay overtime to employees who worked more than 40 hours a week according to a lawsuit filed this month by the U.S. Department of Labor.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Are You Certain Your Franchise System Is An Additional Insured? (Part 1/4)

    This month I attended a very interesting ABA webinar entitled "Practical Insurance Guidance for Franchisors."
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Are Your Restrictive Covenants Still Enforceable In Pennsylvania?

    A recent published opinion from the Superior Court of Pennsylvania, an intermediate state appellate court, has called into question the enforceability of some restrictive covenants in Pennsylvania.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP

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