The long awaited ruling in Mission Products Holding, Inc. v. Tempnology LLC (In re Tempnology) has simplified the intersection of bankruptcy and trademark law, with the court holding
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Not a Joint-Employer? Franchisors Now Need to Prove the Negative in California
A wage and hour case before the Ninth Circuit Court of Appeals, Vazquez v. Jan-Pro Franchising International, is the latest front in the joint employer battle. In Vazquez,
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Durational Residency Requirements for Liquor Licensees: Closing Time?
Today, we welcome guest author Elizabeth G. Hodgson from our Exton, PA office. Elizabeth represents clients in a variety of industries, including food and beverage, Pennsylvania liquor licensing, startup and
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Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
On December 28, 2018, the D.C. Circuit Court of Appeals issued an opinion in the Browning-Ferris case. In this much anticipated decision, the Court of Appeals concluded that the National
Continue Reading Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.
Ample Planning Cannot Always Save Franchisors from Taxes
Out-of-state franchisors beware of opening a franchise in New Mexico due to the recent decision in A&W Restaurants, Inc. v. Taxation and Revenue Department of the State of New Mexico
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The Taxman Cometh (for Your Internet Sales)
In a closely watched 5 to 4 decision authored by retiring Justice Kennedy in South Dakota v. Wayfair, 585 U.S. ___ (2018), the U.S. Supreme Court reversed decades of
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The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
In Lomeli v. Jackson Hewitt, Inc., the United States District Court in the Central District of California held that the plaintiff, Luis Lomeli (“Lomeli”), had submitted enough evidence to
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Broad Provisions in Franchise Agreement: How Far is too Far?
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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Trademark Licensees Beware: License at Risk in Franchisor Bankruptcy
Below is a Guest blog post authored by our own Michael Viscount:
A concern for franchisees is the impact on license agreements for intellectual property when the licensor files bankruptcy
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The NLRB Giveth and Taketh Away: Hy-Brand Decision Vacated
In December, we wrote that the NLRB had issued a decision overturning Browning-Ferris’ joint employer test and returning to the previous standard for determining joint employment. That decision in Hy-Brand
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