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Post-termination and post-expiration noncompetes involving California franchisees have historically been viewed as difficult to enforce under California law, with courts and practitioners often interpreting California Business and Professions Code Section 16600 as barring such covenants. Many franchisors did not pursue enforcement of post-term noncompetes involving California franchisees...

Fox Rothschild's Elizabeth Sigety spoke with Smart CEO to discuss important factors that business owners should consider before diving into the world of franchising.

Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.

For many years, the recovery of so-called "future damages" has been one of the most hotly contested issues in franchising.

For many years, the recovery of so-called "future damages" has been one of the most hotly contested issues in franchising. The issue is whether—following termination of the franchise agreement—the franchisee can be held liable for royalties, advertising fund contributions, and other required payments to the franchisor.

On Friday, July 12, 2024, the Federal Trade Commission ("FTC") published an analysis of the information it received in response to its Request for Information related to franchisors' business practices...

A recent New Jersey appellate court decision provides valuable guidance for franchisors and their in-house legal teams on structuring and protecting franchise relationships.

A recent decision in the In re RMH Franchise Holdings bankruptcy case pending in the District of Delaware, highlights the importance of complying ...

Imagine $221 million in cash just sitting on a table.

A recent decision from the Texas Business Court (First Division) provides guidance on nonwaiver clauses and the importance of defined terms in contract interpretation under Texas law.

State dealer statutes commonly regulate the incentive programs manufacturers use to encourage dealers to improve performance or upgrade their dealership facilities to meet brand standards.

Nearly every franchisor has suffered threats of litigation based upon the actions of its franchisees.

AB-1228, California's New Fast-Food Worker law has important implications for restaurant franchises and has been signed into law following two years of tactical maneuvering by groups...

Many companies active in the hospitality business operate as franchisees.

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws.

For better or worse, not all franchises last forever.

If you are reading this, you are almost certainly in the hospitality industry, and you are most likely in a financial and emotional distress.

New Jersey appears poised to adopt a unique "average retail labor time allowance" multiplier to the compensation OEMs must pay dealers for warranty service, after both houses of that state's Legislature voted...