The 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 IIIThe Joint Employment Conundrum
Signed into law on September 18, 2019 by Governor Gavin Newsom, Assembly Bill 5 (commonly known as AB-5), took effect on January 1, 2020. AB-5 codified
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIA San Andreas Fault for Franchising
“California’s falling into the ocean!” Growing up in Southern California I heard that every time we had an earthquake. Usually, though, all I had
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part I
The right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain
Continue Reading Unintended Consequences of Franchise Rescission RightsThe recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers
Continue Reading Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” Element
Eleventh Circuit’s Burger King opinion raises antitrust risks in franchising
Sherman Act challenges to “no-poach” clauses in franchise agreements have been languishing in federal courts for a few years
Continue Reading Want Some Antitrust with your Burger?The franchise case begins with a quote of movie mogul, Samuel Goldwyn, “A verbal contract isn’t worth the paper its written on.” Goldwyn’s truism regarding contract law is remembered in
Continue Reading THE VALUE OF ORAL CONTRACTS
“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes
Continue Reading Protecting Your IP in the MetaverseThe slogan of Smokey the Bear is that “Only you can prevent forest fires.” This may also be true of franchise professionals when it comes to egregious franchise fraud. The
Continue Reading Only YOU Can Prevent Franchise Fraud
So yesterday I discussed some background related to anti-poaching and non-compete law. Today, I explain why the decision in Pittsburgh Logistics Systems provides a helpful analogue to franchising.
Facts
The
Continue Reading Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 2 of 2)