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  • Article

    California Area Representative Agreement Can Be Litigated In Texas

    California franchisors and area representatives are free to choose which legal forum applies to their area representative agreements, according to the United States District Court for the Eastern District of California.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Change To Michigan Law Provides Some Protection For Franchisors

    One of the recent concerns for both franchisors and franchisees in the US has been the uncertainty created by regulatory efforts to have franchisors held liable as a "joint employer" of the employees of their franchisees.
    United StatesCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Companies With No-Poaching Agreements Must Consider Whether They Are Worth The Risk

    Earlier this month, a group of 11 state attorneys general announced that they have asked eight fast-food franchises to provide a copy of their franchise agreements to determine whether such agreements contain no-poaching restrictions, which prohibit franchisees from hiring, i.e., "poaching," each other's workers.
    United StatesCorporate/Commercial Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Court Relies On Contractual Terms To Dismiss Dealership Suit Against Auto Manufacturer

    Decozen Chrysler Jeep Corp. ("Decozen"), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC ("FCA"), in U.S. District Court for the District...
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Court Rules CEQA Determinations Must Be Included On Public Meeting Agendas

    Based on their vote to adopt the exemption findings, the City then filed a Notice of Exemption.
    United StatesCorporate/Commercial Law
    Allen Matkins Leck Gamble Mallory & Natsis LLP
    Allen Matkins Leck Gamble Mallory & Natsis LLP
  • Article

    Disclosure Issues Arising Out of the Amended FTC Rule

    Several attorneys specializing in franchise litigation collaborated at the ABA Forum to present a workshop entitled "Litigating Disclosure Claims," which highlighted the most frequently litigated disclosure-related issues brought by franchisees.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Does One State's Required Change In A FPR Apply Nationally By Default? Probably.

    Today, I continue with the fifth installment on Observations from the IFA Convention on the Ins and Outs of Financial Performance Representations ("FPRs").
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Exception Proves The Disclosure Rule: Disclose Or Risk Rescission

    Despite a favorable outcome for a franchisor, Braatz, LLC v. Red Mango FC, LLC is a cautionary tale of how franchise sales can go sour. 3:14-CV-4516-G (N.D. Tex. Apr. 27, 2015).
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Franchise Agreement Requiring Out Of State Mediation Is Unenforceable In California

    Dispute resolution provisions in franchise agreements often address how, when, and where parties will mediate.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Franchisor Not Joint Employer Under Economic Reality Test

    In Gessele v. Jack in the Box, Inc., the franchise world got a win in the joint employer battle when the United States District Court for Oregon held that Jack in the Box, Inc. was not the joint employer of certain employees of its franchisees as a matter of law using the economic reality test in granting summary judgment in JIB's favor.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Georgia Law Paves Way For Private FTC Rule Violation Suits

    As the franchise world is well aware, the FTC Rule does not itself authorize private lawsuits.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    How Does A Restaurant Brand Successfully Redesign A Unit Concept?

    There are a number of important reasons why a franchise system may elect to change its signature look and both articles hit on three of the big one.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    If You Don't Know Where You Are Going, You'll End Up Someplace Else (Yogi Berra)

    It’s hard to believe, but for those franchisors with a calendar year fiscal year end, the time has come once again to begin the process of updating the franchise disclosure document and preparing for state registrations.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    Innovative Technology Solution For Serving Franchise Clients

    Taft attorneys have extensive experience franchising businesses in a wide range of industries. We work with clients to take businesses through the steps to set up proper franchises, providing the best opportunity for success.
    United StatesCorporate/Commercial Law
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    Little Noticed POM Wonderful Decision Could Result In New Mislabeling Lawsuits

    The Supreme Court again this summer was the focus of immense media and public scrutiny.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Long Arm Of Browning-Ferris? Hotel Franchisor Named As "Joint Employer" In Alleged Sexual Servitude Suit

    A hotel assistant manager who allegedly coerced housekeepers into sexual "servitude" is now defending himself in federal court, along with his employer TMI Hospitality Incorporated.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Looking To Grow A Marijuana Franchise?

    Doggy daycare resorts, bed bug chasers, hypnosis centers- what hasn’t been franchised?
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Manufacturer Acted Reasonably In Terminating A Franchisee For Failure To Abide By Agreement

    Tasty Baking Company, a manufacturer of prepackaged goods, terminated Distefano, Inc., Maryland-based owner of a franchise with rights to sell Tasty products in a prescribed area called a "route."
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Massachusetts Supreme Judicial Court Rules That Franchisees Did Not Perform Services For Franchisor Within The Meaning Of The State's Independent Contractor Law

    The Massachusetts Supreme Judicial Court answered "no" to a certified question from the First Circuit Court of Appeals asking whether plaintiff franchisees...
    United StatesCorporate/Commercial Law
    Lathrop GPM
    Lathrop GPM
  • Article

    No-Poach Clauses In Franchise Agreements: The Saga Continues In 2022

    For the past few years, it seems franchisors have been riding a roller coaster when it comes to no-poach clauses in their franchise agreements.
    United StatesCorporate/Commercial Law
    Stark & Stark
    Stark & Stark
  • Showing 341–360 of 965 results

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