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On May 16, 2023, the Minnesota legislature adopted a revision to the Minnesota Statutes (§181.99) which prohibits restrictive franchise agreements commonly called “no-poach” or “non-solicitation” agreements. Specifically, this new statute bars franchisors from restricting or prohibiting a franchisee from soliciting an employee of its franchisor or a franchisee…
Continue Reading Minnesota Legislature Passes Non-Compete Bill Banning Restrictive Franchise AgreementsThe FAST Act is in limbo pending the outcome of a California ballot repeal initiative.
Continue Reading FAST Act Shrapnel: AB 1228 redefines the franchise relationshipThis week the Washington Securities Division announced that it is considering an amendment to the…
Continue Reading Washington Moves to Adopt NASAA SOPThe Latest
This fall we posted about the North American Securities Administrators’ (NASAA) adoption of a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (the “SOP”). Technically, NASAA’s SOP…
Continue Reading Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and AcknowledgementsGuest Post by Odia Kagan
You may think that, unless your website is specifically intended for kids, you don’t need to worry about the Children’s Online Privacy Protection Act of…
Continue Reading FTC Fines Epic Games $520 Million: What You Need to KnowGuest Post by Gabrielle E. Gordon
On Labor Day, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which authorized the California Department…
Continue Reading Not So FAST: FAST Recovery Act on Pause until 2024 ReferendumDon’t Forget to Check Your Auditor’s Certification Before Franchise Renewal Time!
As expected, the majority of this year’s State Regulatory Update Workshop at the Annual ABA Forum on Franchising Annual Meeting in San Diego, focused on the new NASAA Statement…
Continue Reading Don’t Forget to Check Your Auditor’s Certification Before Franchise Renewal Time!Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & Takeaways
I had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA…
Continue Reading Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & TakeawaysThe Unkindliest Cut of All – the FAST Act
And so we come to the ultimate affront to franchising. Responding to strong lobbying efforts by the Service Employees International Union…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIIThe Joint Employment Conundrum
Signed into law on September 18, 2019 by Governor Gavin Newsom, Assembly Bill 5 (commonly known as AB-5), took effect on January 1, 2020. AB-5 codified…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIA San Andreas Fault for Franchising
“California’s falling into the ocean!” Growing up in Southern California I heard that every time we had an earthquake. Usually, though, all I had…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IThe right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain…
Continue Reading Unintended Consequences of Franchise Rescission Rights