ArticleShake Shack vs. In-n-Out: The Pros And Cons Of Rapid GrowthStarted in New York, Shake Shack has developed a loyal following across the country.United StatesMedia, Telecoms, IT, EntertainmentDuane Morris LLP
ArticleAre You Ready For Renewal Season?Any company that has been franchising for longer than a couple years knows the basic routine to prepare for the upcoming renewal season.United StatesStrategyFox Rothschild LLP
ArticleFranchise Fees – Georgia Joins Other States In Rejecting Attempts To Recover Franchise Fees From Streaming TV Providers Under State Video Franchise LawIn a decision by a state trial court, Georgia has joined California and Texas in holding that local governments cannot impose franchise fees on over-the-top ("OTT") streaming TV services like Netflix, Hulu, or Amazon Prime. United StatesTechnologyDuane Morris LLP
ArticleCourt Rules That Rivian And Lucid May Sell Vehicles Direct To Consumers In IllinoisOn December 19, 2022, an Illinois state trial court issued an order dismissing, with prejudice, a complaint filed by the Illinois Automobile Dealers Association ("IADA")...United StatesTransportSeyfarth Shaw LLP
ArticleBad Facts Make Bad Law: Federal Court Suggests Franchisor Responsible For Broken FryerBefore we move too far into 2015, it is important to mention briefly an additional case from the end of 2014 that, once again, calls into question the franchisor-franchisee model.United StatesCorporate/Commercial LawFox Rothschild LLP
ArticleCourt Rejects Effort By Assignee Of Franchise Agreement To Escape Agreement's ObligationsIn Noble Roman's Inc., v. B & MP, LLC et al., the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a suit alleging breach of a franchise agreement.United StatesCorporate/Commercial LawFoley & Lardner LLP
ArticleDon’t Overlook The Need To Show Irreparable Harm When Seeking Injunctive Relief To Enforce A Non-CompeteWhen seeking preliminary injunctive relief to enforce a non-compete, the moving party is often focused on how obvious it is that the defendant breached the parties' agreement.United StatesCorporate/Commercial LawBurns & Levinson LLP
ArticleIFA: Economic Outlook Bright For Franchising In 2015The International Franchise Association recently released its annual Franchise Business Economic Outlook for 2015 and prospects for the franchising industry are looking good. United StatesCorporate/Commercial LawFox Rothschild LLP
ArticleMB Sounding Board: Franchise Leader, Delaware (Video)In this episode (approx. 10 minutes), Professor Anat Alon-Beck of Case-Western Reserve University School of Law (follow her work on SSRN) talks to us about her scholarship.United StatesCorporate/Commercial LawMayer Brown
ArticleThanks For Being A Delaware Corporation: Here Is Your $180,000 Franchise Tax BillDelaware is the state of incorporation for a majority of venture-backed and publicly-traded corporations. United StatesCorporate/Commercial LawFoley & Lardner LLP
ArticleWill The SEC Ever Finish Equity Crowdfunding Rules?In the past few months, I've been involved in a couple of unique, and fascinating, crowdfunding efforts.United StatesCorporate/Commercial LawFox Rothschild LLP
ArticleDoes My State Allow Me To Enforce A Covenant Not To Compete Against My Employees?In a December 2014 post, I presented an overview of what items should be included by an employer in a covenant not to compete in order to make it enforceable with respect to the employer's employees and when that covenant should be implemented by the employer.United StatesEmployment and HRFox Rothschild LLP
ArticleSick Leave Laws Are The Big Trend For 2016I was just reading an article about labor and employment cases that employers will be watching in 2016. United StatesEmployment and HRFox Rothschild LLP
ArticleMassage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court RulesOn May 2, 2025, the Texas Supreme Court, in a per curiam opinion in Massage Heights Franchising, LLC v. Danette Hagman, reversed a Houston Fourteenth Court of Appeals decision in part...United StatesLitigation, Mediation & ArbitrationCowles & Thompson, PC
ArticleNBA To Permit Sovereign Wealth Fund Investors In Franchises As Valuations SoarThe National Basketball Association ("NBA") Board of Governors has voted to permit sovereign wealth funds, pension funds and university endowments to invest in NBA teams.United StatesMedia, Telecoms, IT, EntertainmentDuane Morris LLP
ArticleNYC Council Subcommittees Approve SoHo/NoHo Rezoning, With ModificationsOn November 9, 2021 the City Council's Subcommittee on Zoning and Franchises held a public hearing on the SoHo/NoHo Rezoning (to read about the Subcommittee hearing.United StatesReal Estate and ConstructionStroock & Stroock & Lavan LLP
ArticleHow 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 LawFox Rothschild LLP
ArticleSixth Circuit Affirms Denial Of Broad Injunctive Relief Based On Franchisor’s “Unclean Hands” In Franchise DisputeAdding to case law addressing franchisor–franchisee disputes involving system departures and post-termination competition, the United States Court of Appeals for the Sixth Circuit issued its opinion...United StatesCorporate/Commercial LawLewis Brisbois Bisgaard & Smith LLP
ArticleThe Latest: DOJ Distinguishes ‘No-Poach' AgreementsThe Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged "no-poach"United StatesAntitrust/Competition LawMcDermott Will & Emery