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  • Article

    Annual Report Filing Reminders For DE And MA

    This is a reminder that annual report filings are due in March 2023 for corporations formed or registered in Delaware and Massachusetts. Please contact your Foley Hoag lawyer if you need assistance with a filing.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Are You Sure You Own The Trademark For Your Brand?

    Only the owner of a trademark has standing to enforce rights under that trademark (limited exceptions exist, such as for exclusive licensees).
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
Article

Arizona House Introduces Potential General Franchise Law

The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona.
United StatesCorporate/Commercial Law
Foley & Lardner LLP
Foley & Lardner LLP
  • Article

    Assessing Cyber Insurance Coverage Standards For Franchisees (Part 3/4)

    Both my colleagues and I have posted on topics related to cyber insurance coverage issues from both a franchisor and franchisee perspective.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Calculating And Paying Delaware Franchise Taxes — Startups Need Not Panic

    Have you recently received a letter from the State of Delaware stating that your startup owes thousands of dollars in franchise tax? Do not panic!
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Court Considers Prior Notice, Intentional Acts, And Contract Exclusions As Applied To Insured's Violation Of California Franchise Investment Law For Incomplete Franchise Disclosures

    The United States District Court for the District of New Hampshire, applying California law, considered several exclusions under a directors and officers liability policy as applied to a violation of the California Franchise Investment Law.
    United StatesCorporate/Commercial Law
    Wiley Rein
    Wiley Rein
  • Article

    Deferral Agreements – Considerations For Extending Relief To Troubled Franchisees

    Deferral agreements, or workout agreements, are a favorable option for franchisors seeking to restructure and manage the obligations of a struggling franchisee before more draconian measures, ...
    United StatesCorporate/Commercial Law
    Stark & Stark
    Stark & Stark
  • Article

    Did JCP Know Its Customer? (And Why It Matters For Your Brand)

    Much has been written speculating about why Ron Johnson failed--spectacularly--at J.C. Penney.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    DOL Issues Guidance On Worker Misclassification

    The Wage and Hour Division of the Department of Labor has issued the much-anticipated Administrator's Interpretation on Misclassification.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Drafting Matters: Franchise Agreement Fells Misrepresentation Claim

    The franchise agreement's acknowledgments, as cited by the court, are reprinted below.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Federal Court Deals With Personal Jurisdiction And Choice Of Law Issues

    In Luxury Concepts, Inc. v. Bateel International, LLC, a franchisee, Luxury Concepts, Inc. (LCI), sued a retail outlet and e-commerce franchisor, Bateel International LLC (Bateel)...
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Federal Court Denies Claim That Franchisor Is A Joint Employer With Franchisee

    A federal court recently dismissed employment discrimination claims against a franchisor asserted by its franchisees' employee after holding that the employee failed to allege facts...
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Franchisee's Breach Of Contract Claims Dismissed For Lack Of Standing As Third-Party Beneficiary

    A federal court recently granted a third-party supplier's motion to dismiss a franchisee's lawsuit, holding that the franchisee was not an intended third-party beneficiary of the contract between the supplier and the franchisor.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Franchisees Found to be Employees as Opposed to Independent Contractors in Massachusetts

    In a closely-watched case in Massachusetts, the District Court in that state recently issued a preliminary ruling that franchisees were considered employees of the franchisor, as opposed to independent contractors.
    United StatesCorporate/Commercial Law
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    FTC Report On Product Support For "Smart" Devices Suggests Future Enforcement Push

    On Tuesday, November 26, 2024, the Federal Trade Commission ("FTC") released a staff report examining the duration of software support commitments...
    United StatesCorporate/Commercial Law
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Holt Texas, Ltd. v. Vita Inclinata Techs., Inc.

    In Holt Texas, Ltd. v. Vita Inclinata Techs., Inc., the U.S. District Court for the Western District of Texas ruled on a motion to dismiss based on a forum selection clause in a dispute between a franchisor and its distributor.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Maryland Amends Franchise Law — Changes Effective October 1, 2026

    Maryland has amended its franchise registration and disclosure law with changes taking effect October 1, 2026. The amendments extend enforcement authority, expand franchisee claims periods, clarify jurisdictional scope, establish franchisee association rights, and codify a fast-track renewal program for franchise disclosure documents.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Recent Decisions Are Eroding The Economic Bedrock Of The Economy

    According to U.S. Court of Appeals for the Third Circuit decisions, franchising is an economic "bedrock of the American economy," and recent class action labor law decisions are eroding that bedrock.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Suppliers May Change Material Terms In Dealer Agreements At Renewal

    A supplier may be able to change the terms of a dealer agreement upon renewal under the Alabama Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act ("the Act").
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Texas Supreme Court Limits Franchisor Liability In Franchisee Sexual Assault Case

    On May 2, 2025, the Texas Supreme Court held that a franchisor owes no duty of care for injuries caused by a franchisee's employee unless the franchisor...
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
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