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The Supreme Court of Washington issued a recent opinion reminding us that, even after Conception, arbitration clauses must be fair in order to be enforceable.

State motor vehicle franchise laws often proscribe agreements that purport to waive the statutory protections afforded to dealers. Thus, when a new franchise relationship is formed, a manufacturer cannot pressure the new dealer into forgoing legislative safeguards against termination or encroachment, among other things.

Today's post comes to us courtesy of Thomas Basta, an associate in the Labor and Employment department...

Freshii is a fast-casual restaurant chain that features nutritious meals. Freshii contracts with development agents to bring new franchises online and help ensure that franchisees comply with brand standards.

Scion Hotels LLC appealed a federal district court's ruling regarding the non-renewal of a franchise agreement under the New Jersey Franchise Practices Act (NJFPA).

In Seymour Foodmart, LLC v. Drake Petroleum Company, a Connecticut Superior Court ruled on a motion for summary judgment and offered valuable...

Traditionally, nexus for state income tax liability has required some type of physical presence or continuous contacts by the franchisor/distributor with a particular state.

The Tennessee General Assembly recently enacted the Tennessee Department of Revenue’s (TDOR) annual “Technical Corrections Bill,” and it is awaiting Governor Bredesen’s signature.

Virginia has enacted legislation banning post-term non-compete provisions in franchise agreements offered or sold in the state starting July 1, 2026. The new law requires franchisors to update their disclosure documents and franchise agreements, though existing agreements remain unaffected. What steps must franchisors take to ensure compliance with these new restrictions while navigating the transition period?

The election of Donald Trump as the next president of the United States certainly promises significant changes for the nation's businesses.

For years, the franchise community has worked to change what it perceives to be a problematic joint employer standard – to no avail.

With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the "Fast Food Franchisor Responsibility Act."

On May 2, 2019, the Ninth Circuit ruled in Vazquez v. Jan-Pro Franchising International, holding that the new independent contractor test established

The Massachusetts Supreme Judicial Court clarified that 7-Eleven franchisees are not the company's employees under the Massachusetts independent contractor statute. According to the Court, the plaintiff-franchisees.

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019).

In this edition of Regulatory Spring, we turn to the DOL's third and final proposed rulemaking of early 2019: a new standard for joint employment under the FLSA.

The California Supreme Court has become the most recent legal body to weigh in on the issue of franchisor liability for franchisee employment actions.