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  • 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
  • Article

    California Governor Vetoes New Franchise Legislation

    On September 22, 2016, California Governor Brown vetoed two pieces of franchise legislation which had been passed by both houses.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
Article

Can Misrepresentation Of FDD Start-Up Expenses Be A Cause Of Action? (At Least One Court Says "Yes")

Last month we posted about an interesting discussion that occurred at the ABA Forum on Franchising Annual Meeting about the extent of a franchisor’s duty to assure that initial start-up expenses disclosed in Item 7 of the FDD are correct and accurate.
United StatesCorporate/Commercial Law
Fox Rothschild LLP
Fox Rothschild LLP
  • Article

    Chip Cards: Less Fraud, More Chargebacks

    You are aware that the credit card industry ostensibly moved to chip cards–often called EMV cards–last fall.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Coming Attractions: Can You Surcharge?

    A very important case for the retail industry–and all franchisors and franchisees operating within it–will be argued before the United States Supreme Court on January 10, 2017.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Dealing With Disclosure Requirements For Franchises And Business Opportunities

    Everyone is familiar with franchises – if you have been to a McDonalds® or a Starbucks®, chances are the location is operated by a franchisee.
    United StatesCorporate/Commercial Law
    Lippes Mathias LLP
    Lippes Mathias LLP
  • Article

    Franchise Renewal Season is Upon us

    For the majority of franchisors, the first quarter of the calendar year is also the first quarter of their fiscal year, and thus the time they focus on updating their franchise disclosure documents.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Franchisors Liable For Criminal Acts At Franchised Stores

    In a pair of recent decisions, California courts ruled that franchisors may be vicariously liable for criminal acts occurring at their franchisees' stores.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    FTC Issues Penalty Offenses Concerning Money Making Opportunities To Hundreds Of Franchise Companies

    The Federal Trade Commission ("FTC") has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they could face civil penalties for conduct that the FTC has deemed unlawful.
    United StatesCorporate/Commercial Law
    Stark & Stark
    Stark & Stark
  • Article

    FTC Issues Policy Statement On Franchisor's Use Of Contract Provisions To Suppress A Franchisee's Allegations Of Violations Of Law

    On July 12, 2024, the Federal Trade Commission (FTC) issued a policy statement to make clear its view that provisions included in franchise agreements...
    United StatesCorporate/Commercial Law
    McDonald Hopkins
    McDonald Hopkins
  • Article

    If You Are Not Ready To Accept Smart Chip Credit Cards, Now Is The Time To Act

    Today, the Pittsburgh Post-Gazette published an article stating that many local businesses are not aware of the fast-approaching changes in the rules for credit cards.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Key Trends In Commercial Litigation - Automotive Franchise

    As in so many sectors of the economy, automotive franchising was initially hit hard by the COVID-19 pandemic.
    United StatesCorporate/Commercial Law
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Lease Termination As Fraudulent Transfer?

    The landlord then re-leased the two premises to another tenant.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Louisiana Based Franchisor And Its Employees Cannot Avoid Personal Jurisdiction In Washington State 02 December 2024

    Washington-state based franchisees Greg and Gabriela Skistimas brought suit against Hotworx Franchising LLC in the U.S. District Court for the Western District of Washington alleging misleading and unfair practices related to franchise disclosure and marketing in connection with the sale of HOTWORX sauna and fitness studio.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Making SBA Loans Safer For Franchisees…By Mandating FPR's?

    Each time franchisors update their franchise disclosure documents ("FDD"), they have a choice: whether or not to include financial performance representations ("FPR").
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Manufacturer And Distributor's Relationship Is Not A Franchise Under Connecticut Law

    The Superior Court of Connecticut addressed a contractual dispute between a manufacturer of snow removal equipment and its distributor. HP Fairfield, a distributor of snow removal equipment, argued that a manufacturer, CIVES Corporation, had improperly terminated their distribution agreement without good cause.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Maryland Announces Franchise Renewal Fast-Track Review Program

    Maryland Securities Commissioner Melanie Senter Lubin announced recently that the state will implement a new franchise renewal "Fast-Track Program" launching Jan. 1...
    United StatesCorporate/Commercial Law
    Saxton & Stump
    Saxton & Stump
  • Article

    Mayor Bloomberg's Sugary Drink Ban Dealt Another Blow

    A New York State Appeals Court today issued a ruling that deals another serious blow to New York City's sugary drink ban.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Minnesota Federal Court Grants Franchisor's Motion For Preliminary Injunction For Noncompete And Lanham Act Violations By Out-Of-State Franchisee

    A federal court in Minnesota recently granted franchisor Snap Fitness Inc.'s motion for preliminary injunction against an out-of-state franchisee that announced its intentions...
    United StatesCorporate/Commercial Law
    Lathrop GPM
    Lathrop GPM
  • Article

    More Franchise Insurance Issues You Need To Consider (Part 2/4)

    In my last post, I outlined some practice pointers and issues to consider when addressing a franchise system's typically universal requirement to add the franchisor as an additional insured under each franchisees' insurance policies.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Showing 261–280 of 965 results

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