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  • Article

    Liar, Liar: Texas Supreme Court Rejects Fraud As Basis For Ignoring Dealer Agreements

    One of the most important tools manufacturers and franchisors have available to manage their networks are the agreements they sign with their channel partners.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    California FTB Clarifies Economic Nexus Principles Do Not Apply To Throwback Rule For Tax Years Before 2011

    The California Franchise Tax Board (FTB) has issued a Technical Advice Memorandum to explain that economic nexus standards do not apply when applying the throwback rule to tax years beginning before January 1, 2011.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Franchise Tax Board Issues Legal Ruling Regarding Calculation Of Net Operating Loss Carryover Periods

    California generally conforms to the federal provisions regarding net operating loss ("NOL") deductions. However, California’s seemingly endless battle with budget deficits has resulted in periodic suspensions of California taxpayers’ ability – both personal and corporate – to take NOL deductions.
    United StatesTax
    Morrison Foerster
    Morrison Foerster
  • Article

    Member Spotlight: Elizabeth Balfour

    Elizabeth Balfour is a litigator and partner at Sheppard Mullin's Del Mar office. Elizabeth represents clients in complex litigation and specializes in franchise law and healthcare regulatory...
    United StatesLaw Department Performance
    Sheppard
    Sheppard
  • Article

    Court Of Chancery Provides Further Guidance On Advance Notice Bylaw Amendments Amidst A Proxy Contest

    In "a tale of wins and losses on both sides," the Delaware Court of Chancery reiterated that advance notice bylaws adopted amid an approaching proxy contest are reviewed through the lens...
    United StatesCorporate/Commercial Law
    Venable LLP
    Venable LLP
  • Article

    Do I Have Standing To Bring A Declaratory Judgment Action?

    In this case the Eleventh Appellate District affirmed in part and reversed in part a trial court's decision granting judgment to a Home Owner's Association on its complaint for damages.
    United StatesCorporate/Commercial Law
    McGlinchey Stafford
    McGlinchey Stafford
  • Article

    "If It's Not Broken, Don't Fix Break It"— The FTC Targets The Franchise Business Model

    Historically, the Federal Trade Commission (FTC) has shied away from regulating the substance of franchisor-franchisee relationships. A recent FTC press release, however, suggests this may soon change
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    What The Proposed Resolution Plan Rule Means For Smaller Banks

    The FDIC's proposed bank resolution planning rule would make significant changes to its current rule and would cover more banks—including banks that have been subject to a moratorium on filing for the past five years.
    United StatesCorporate/Commercial Law
    Venable LLP
    Venable LLP
  • Article

    Who's In Charge Here? Recent Decision May Cause Headaches For California Franchisors

    California is the birthplace of the franchise business model.
    United StatesCorporate/Commercial Law
    Littler Mendelson
    Littler Mendelson
  • Article

    Joint Employment Concerns For Restaurant Owners, Operators, Franchisors And Franchisees

    Restaurant owners, operators, franchisors, and franchisees face concerns and legal risks regarding potential joint employment claims on multiple fronts.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Franchising And Trademarks: Where, Why And How?

    For many trademark practitioners, franchise laws are an inconvenience.
    United StatesIntellectual Property
    Donahue Fitzgerald Attorneys
    Donahue Fitzgerald Attorneys
  • Article

    Texas Provides Research And Development Sales Tax Exemption Or Franchise Tax Credit

    Legislation enacted in 2013 and recent guidance issued by the Texas Comptroller of Public Accounts allow taxpayers engaged in qualified research in Texas to claim
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    The California Franchise Tax Board Re-Issues Legal Division Guidance On The Research And Development Credit

    Internal Revenue Code ("IRC") section 41 provides for a federal research and development credit for certain qualified research expenses, basic research payments, and other enumerated expenses.
    United StatesTax
    Morrison Foerster
    Morrison Foerster
  • Article

    How High Can It Go? What Private Equity Needs To Know About How Professional Sports Leagues' Rules Impact Sports Franchise Valuations

    If you had invested in one of the North American sports franchises from 1991- 2022, you would have earned between a seven-fold return (NHL) or over a 14-fold return (NBA)...
    United StatesMedia, Telecoms, IT, Entertainment
    Sheppard
    Sheppard
  • Article

    A Glimmer Of Hope For Franchisors Fearing Joint Employer Liability

    In a recent article published by the Franchise Law Journal, authors Mary-Christine Sungaila and Martin M. Ellison survey the current status of joint employer liability in the franchise context...
    United StatesCorporate/Commercial Law
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Foreign Entity Registration: What Every Multi-State Business Should Know

    Operating a business across state lines requires careful attention to foreign entity registration requirements. While maintaining an office or employing workers in another state almost certainly triggers registration obligations...
    United StatesCorporate/Commercial Law
    Adams and Reese LLP
    Adams and Reese LLP
  • Article

    Post-COVID Opportunities And Legal Considerations To Franchise Resale

    It would be difficult to find any person or business that has not been affected by COVID-19. Over the last few months, most states have issued "stay at home," "shelter-in-place,"
    United StatesCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    How Can Companies Use NFT Tokenization To Strengthen And Streamline IP Rights?

    This article was originally written and published in a longer form by the American Bar Association on March 22, 2023. Non-fungible tokens (NFTs) are not likely to revolutionize all forms...
    United StatesIntellectual Property
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Second Circuit Refuses To "Waive" Good-Bye To Class Actions

    Reports that franchisors could avoid class actions through arbitration appear to have been greatly exaggerated.
    United StatesLitigation, Mediation & Arbitration
    Nixon Peabody LLP
    Nixon Peabody LLP
  • Article

    How Private Equity Is Changing The Game For North American Sports And Beyond

    Private equity is defining the future of the US$500-billion-plus global sports market...
    United StatesCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 801–820 of 965 results

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