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)
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
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
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
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)
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
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!
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
Omens of the Apocalypse for the franchise industry are everywhere:
Continue Reading Legal Threats to the Franchise Industry: Is this the Apocalypse? (Part 1)
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