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The 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 (SIEU), the California legislature passed the Fast Food Accountability and Standards (FAST) Act late this summer. Governor Newsom signed it…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIIThe Joint Employment Conundrum
Signed into law on September 18, 2019 by Governor Gavin Newsom…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIA San Andreas Fault for Franchising
“California’s falling into the ocean!” Growing up in Southern…
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IThe right to rescind (or void) a contract is an extraordinary remedy. However, as franchise…
Continue Reading Unintended Consequences of Franchise Rescission RightsThe Latest
Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” Element
The recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers…
Continue Reading Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” ElementEleventh Circuit’s Burger King opinion raises antitrust risks in franchising
Sherman Act challenges to “no-poach” clauses in franchise agreements have been languishing in federal courts for a few years…
Continue Reading Want Some Antitrust with your Burger?As expected, the North American Securities Administrators Association (NASAA) announced last week that it voted to adopt a “Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgements…
Continue Reading NASAA Adopts New Franchise Questionnaire PolicyThe franchise case begins with a quote of movie mogul, Samuel Goldwyn, “A verbal contract isn’t worth the paper its written on.” Goldwyn’s truism regarding contract law is remembered in…
Continue Reading THE VALUE OF ORAL CONTRACTS“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes…
Continue Reading Protecting Your IP in the MetaverseThe slogan of Smokey the Bear is that “Only you can prevent forest fires.” This may also be true of franchise professionals when it comes to egregious franchise fraud. The…
Continue Reading Only YOU Can Prevent Franchise FraudIt’s Right to Be Concerned about Making Sure PPP Funds Were Used Properly (The DOJ Is Looking for Bank Fraud)
Contributed by Marissa Koblitz Kingman
The U.S. Department of Justice has recently begun charging defendants with bank fraud in relation to Paycheck Protection Program loans as part of its continuing…
Continue Reading It’s Right to Be Concerned about Making Sure PPP Funds Were Used Properly (The DOJ Is Looking for Bank Fraud)Wall Street tells us more about ourselves than perhaps we really want to know. The pandemic has challenged and brought out the best in dining, and particular quick service restaurants.
Continue Reading Franchising Follows Consumer PreferencesEnvironmental, Social and Governance: What Franchise Businesses Need to Know (Updated)
The Environmental, Social and Governance (ESG) movement is presenting companies challenging — but important — issues that must be considered.
Regulators, investors, consumers and employees are increasingly focused on what…
Continue Reading Environmental, Social and Governance: What Franchise Businesses Need to Know (Updated)