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”) obligate an importer to honor a distribution agreement entered into by the prior importer of the same brand, even where…Continue Reading WARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread…Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees!
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 Guidance
The 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 Arbitration
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 Statute
How Franchisors Can Use Artificial Intelligence (AI) to Improve their Franchise System and Help Franchisees
Last year, the North American Securities Administrators Association’s (NASAA) launched the Franchise Electronic Filing Depository System (“FRED”), the nationwide online filing portal for state franchise registration and exemption filings. Going…Continue Reading Franchise Renewal Season is Coming so What’s New with FRED?
This week the Washington Securities Division announced that it is considering an amendment to the Washington Administrative Code (“WAC”) to formally adopt the Statement of Policy Regarding the Use of…Continue Reading Washington Moves to Adopt NASAA SOP
Contributed 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 (Updated) Not So FAST: FAST Recovery Act on Pause until 2024 Referendum
The FTC nixes non-competes
One of the earliest reported cases challenging a non-compete clause was Mitchell v. Reynolds, 1 P. Wms. 181, 24 Eng. Rep. 347 (Q.B. 1711). The clause…Continue Reading POOF! There goes 500 years of jurisprudence. . .
About 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.