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Franchise Law Update

Commentary on Business and Legal Issues of Franchising

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Environmental, Social and Governance: What Franchise Businesses Need to Know (Updated)

By John Gotaskie on January 13, 2022

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)

Posted in Business Updates

Franchisors: Praising Your Competitors Might Promote Your Brand

By John Gotaskie on October 27, 2021

You never, ever mention your competitors in your marketing and advertising. Unless maybe you attack them. That’s Marketing 101, right?

Well, the conventional wisdom appears to be wrong.

Recent research…
Continue Reading Franchisors: Praising Your Competitors Might Promote Your Brand

Posted in Business Updates

The Accidental Franchise: An Evergreen Issue

By Craig R. Tractenberg & John Gotaskie on September 30, 2021

On September 28, 2021, Fox Rothschild partner Craig Tractenberg with Rochelle Spandorf from Davis Wright Tremaine LLP provided perspectives on drafting licenses and distribution agreements respecting the evergreen issue of…
Continue Reading The Accidental Franchise: An Evergreen Issue

Posted in Business Updates, Regulatory Compliance, Risk Management

Latest Franchise Investment Trends

By Elizabeth Sigety on September 29, 2021

Recently, I moderated a panel for an International Franchise Association webinar called “From Venture Capital to Private Equity: Franchise Investment Trends and Terms”.  I was fortunate to have fantastic panelists:…
Continue Reading Latest Franchise Investment Trends

Posted in Business Updates

Franchising Threat No. 4: The Deus Ex Machina (A Biden Executive Order)

By Natalma M. McKnew & John Gotaskie on August 30, 2021

While the Protect the Right to Organize (PRO) Act was passed by the House of Representatives, it has not been made part of the Biden administration’s infrastructure efforts thus far…
Continue Reading Franchising Threat No. 4: The Deus Ex Machina (A Biden Executive Order)

Posted in Business Updates, Industry Updates

Franchising Threat No. 3: Other State Legislation and Policies

By Natalma M. McKnew & John Gotaskie on August 29, 2021

The California version of the ABC test is arguably the most hostile to franchising. Nonetheless, the risk is not confined to California.

This is because the ABC employee classification test,…
Continue Reading Franchising Threat No. 3: Other State Legislation and Policies

Posted in Business Updates, Industry Updates, Joint Employer

Franchising Threat No. 2: Joint Employment is BACK!

By Natalma M. McKnew & John Gotaskie on August 22, 2021

The second troublesome threat is the joint employment standard. The Obama Adminstration DOL caused angst in the franchise industry in January 2016, when it adopted a joint employment standard that…
Continue Reading Franchising Threat No. 2: Joint Employment is BACK!

Posted in Business Updates, Industry Updates

Franchising Threat No. 1: The PRO Act

By Natalma M. McKnew & John Gotaskie on August 19, 2021

The PRO Act would do serious, and perhaps mortal, damage to the franchise industry. It would make sweeping changes to the National Labor Relations Act (NLRA), the Labor Management Relations…
Continue Reading Franchising Threat No. 1: The PRO Act

Posted in Business Updates, Industry Updates

Legal Threats to the Franchise Industry: Is this the Apocalypse? (Part 1)

By Natalma M. McKnew & John Gotaskie on August 18, 2021

Omens of the Apocalypse for the franchise industry are everywhere:

  • The pending Protect the Right to Organize (PRO) Act;
  • The return of David Weill, author of Fissured Employment and chief

…
Continue Reading Legal Threats to the Franchise Industry: Is this the Apocalypse? (Part 1)

Posted in Business Updates, Industry Updates

Franchises Have NIL Questions . . . We Have (Some) Answers

By John Gotaskie on July 25, 2021

Starting on July 1, 2021. the NCAA permitted student-athletes throughout the country to profit from their name, image, and likeness (“NIL”). This decision marks a major shift from the NCAA’s…
Continue Reading Franchises Have NIL Questions . . . We Have (Some) Answers

Posted in Business Updates, Regulatory Compliance

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