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Franchise Law Update

Commentary on Business and Legal Issues of Franchising

Legal Decisions

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Protecting Your IP in the Metaverse

By Craig R. Tractenberg on May 24, 2022
Circuit Board

“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…

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Posted in Legal Decisions

Only YOU Can Prevent Franchise Fraud

By Craig R. Tractenberg on February 20, 2022

The 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…
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Posted in Industry Updates, Legal Decisions

Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 2 of 2)

By Craig R. Tractenberg on July 1, 2021

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…
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Posted in Legal Decisions

Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 1 of 2)

By Craig R. Tractenberg on June 30, 2021

Let’s review the status of activity restrictions in franchise agreements. Do they serve the purpose intended? Are they enforceable? Are they worth it? The Pennsylvania Supreme Court’s decision in Pittsburgh …
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Posted in Legal Decisions

Insurance Coverage for Pandemic Losses Hard to Come By

By John Gotaskie on January 31, 2021
Wooden Blocks with the text: Claim Denied. Insurance Business concept
Wooden Blocks with the text: Claim Denied. Insurance Business concept.

Back at the beginning of the pandemic, there was a flurry of articles that maybe, just maybe, insurance would cover losses at businesses closed by the pandemic. I was skeptical.
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Posted in Legal Decisions

Area Developer Hit with Massive Arbitration Award in Favor of Franchisor

By Craig R. Tractenberg on December 14, 2020

Franchisor obtains $2,064,735.75 arbitration award against failed area developer.

In an arbitration decision handed down by the American Arbitration Association, Rita’s Franchise Company, LLC obtained an award against a…
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Posted in Legal Decisions

Joint Employment in Chaos: DOL Joint Employment Rule Invalidated

By Natalma M. McKnew on October 5, 2020

Hot on the heels of disappointing AB-5 news from California, a federal district court in Manhattan delivered a stinging rebuke to the Department of Labor (“DOL”), invalidating the control-based joint…
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Posted in Joint Employer, Legal Decisions

A Summer Potpourri (Part 2): States Litigate Joint Employer Rule and NASAA speaks

By Natalma M. McKnew on June 29, 2020

In Part 1 of this series, we discussed the recent actions taken by Congress regarding the PPP program as well as the efforts by the Fed. In today’s post, we…
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Posted in Industry Updates, Joint Employer, Legal Decisions

SCOTUS Ends Willfulness Precondition for Profits in Trademark Cases

By John Gotaskie & Fox Rothschild LLP on April 28, 2020

In a BIG win for brand owners, the U.S. Supreme Court has ruled that the plaintiff in a trademark infringement claim is not required to prove willfulness when seeking an…
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Posted in Legal Decisions

Distributor Still Not a Franchise

By Fox Rothschild LLP on February 19, 2020

A Minnesota distributor of burners is not a franchisee of the manufacturer of the burners under the Minnesota Franchise Act (“MFA”), held a federal district court in Minnesota in…
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Posted in Legal Decisions

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