The fight against joint employment of franchisors and franchisees took a small hit when the Western District of Pennsylvania (“Court”) chose to allow a franchisee’s employee’s suit to proceed. In
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Drafting Tips
Did You Hear? Watch Out For Ohio’s BOPPA!
By Fox Rothschild LLP on
A recent decision in the United States District Court of Arizona (“Court”) could have far-reaching consequences to many franchisors based on the broad-sweeping principles the Court used in its reasoning.
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Drafting Matters: Do your non-competes bind the correct parties?
By Fox Rothschild LLP on
A federal court in Colorado recently upheld a franchisor’s non-competition provision despite that state’s strong public policy against non-competes. The franchisor prevailed due to its thoughtful contract drafting and ability…
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Successor Liability? Double-Check Those Assets!
By Fox Rothschild LLP on
The intersection of franchise law and general corporate law is extensive. A recent decision in the Michigan Court of Appeals (Court) highlights the importance of thoroughly understanding and considering the…
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Drafting Matters: When non-competes and renewal provisions collide
By Fox Rothschild LLP on
If a franchisor waives the non-compete provision in its current franchise agreement, can it enforce a non-compete when the franchise agreement is renewed? According to a recent decision by the…
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Janitorial services franchisor cleans up on joint employer claim
By Fox Rothschild LLP on
Janitorial services franchisor Jan-Pro Franchising International, Inc. (“Jan-Pro”) is not the employer of its unit franchisees, according to a recent California federal court decision. Roman v. Jan-Pro Franchising Int’l, Inc.…
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Is Your Agreement to Arbitrate Valid?
By Fox Rothschild LLP on
Many franchisors employ arbitration as its preferred method of dispute resolution. Generally, courts view arbitration agreements favorably. An agreement to arbitrate waives the fundamental right to have a court decide…
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Hold That Mail: Franchisor Granted Temporary Restraining Order to Enforce Non-Compete
By Fox Rothschild LLP on
The interpretation and enforcement of non-competition covenants is always a hot button issue and varies from state to state. In Our Town v. Michael Rousseau and Jennifer Rousseau, the…
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Required Maintenance: Upgrading and improving disclaimers and disclosures
By Fox Rothschild LLP on
If your brand standards require franchisees to upgrade and improve their locations, a recent federal case demonstrates how thoughtful disclaimers and disclosures can shut down a franchisee lawsuit in its…
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Walking the tightrope: Protecting multiple locations vs. overbroad non-competes
By Fox Rothschild LLP on
Congratulations! Your franchise system has opened multiple locations across the state, region or maybe even country. Now, how can you protect against a former franchisee competing with your other locations…
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