A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal Trade Commission (“FTC”) filed a complaint against the defendants alleging they used misleading sales practices to sell more than 1,500…
Continue Reading Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a DecadeIn a move welcomed by employers nationwide, a federal court judge in Texas has vacated…
Continue Reading Federal Court Throws Out NLRB’s Controversial Joint Employer RuleCautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act
A recent court case issued by a federal district court in Vermont (Provencher v.
Continue Reading Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices ActMy Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?
New and emerging franchise systems are often very eager to sign those first franchisees. All…
Continue Reading My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?Subscribe to Franchise Law Update
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IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane Path
One of the most highly anticipated portions of the IFA Annual Convention each year is the case study workshop conducted at the Annual Leadership Conference. All 350 attendees are…
Continue Reading IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane PathWARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”)…
Continue Reading WARNING! Replacement Importers May Be “Successor to a Brewer” under New York LawBe Careful with Your Demands When Converting Existing Licensees to Franchisees!
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town …
Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees!Not All Payments Qualify as “Fees” Under State and Federal Definitions of a Franchise
A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by…
Continue Reading Not All Payments Qualify as “Fees” Under State and Federal Definitions of a FranchiseWhat Steps Should a Successful Business Owner Take To Prepare for Franchising – Part II?
So now you know what it means to “franchise” a concept or brand. You want to move forward in this exciting new opportunity and franchise your business. What are the…
Continue Reading What Steps Should a Successful Business Owner Take To Prepare for Franchising – Part II?You are an entrepreneur. You created, founded and currently operate a successful and vibrant business. Perhaps customers, family members, or friends are loyal fans of your brand and are approaching…
Continue Reading Is it time to Franchise My Business – Part I?A business deal didn’t go as planned and one side wants out. All parties now need to determine how to buyout the disgruntled partner.
How exactly is a franchise buyout…
Continue Reading How is a Franchise Buyout Price Determined? New Ruling Provides GuidanceThe goal of commercial arbitration is to bring final disposition to business disputes as an efficient and economical alternative to litigation. In an effort to improve efficiency, discovery is generally…
Continue Reading Winning Dispositive Motions in Commercial ArbitrationCourt Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute
On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good…
Continue Reading Court Concludes that “Good Cause” for Termination Includes More than Items Listed in StatuteAbout this Blog
Fox Rothschild‘s Franchising & Distribution Practice is comprised of a diverse group of attorneys, including former in-house counsels to major international franchisors and a leading author on franchise law. We know the business and the law of franchising.