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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 more limited than expected in litigation. Limited discovery can have a profound impact on summary disposition in arbitration.
Summary judgment…
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…
Continue Reading Court Concludes that “Good Cause” for Termination Includes More than Items Listed in StatuteHow Franchisors Can Use Artificial Intelligence (AI) to Improve their Franchise System and Help Franchisees
Today, I attended Part I of a new International Franchise Association series hosted by Dan…
Continue Reading How Franchisors Can Use Artificial Intelligence (AI) to Improve their Franchise System and Help FranchiseesMinnesota Legislature Passes Non-Compete Bill Banning Restrictive Franchise Agreements
On May 16, 2023, the Minnesota legislature adopted a revision to the Minnesota Statutes (…
Continue Reading Minnesota Legislature Passes Non-Compete Bill Banning Restrictive Franchise AgreementsThe Latest
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 SOPContributed 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 ReferendumThe 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. . .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 III