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)
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
Continue Reading Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 1 of 2)
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.
Continue Reading Insurance Coverage for Pandemic Losses Hard to Come By
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
Continue Reading Area Developer Hit with Massive Arbitration Award in Favor of Franchisor
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
Continue Reading Joint Employment in Chaos: DOL Joint Employment Rule Invalidated
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
Continue Reading A Summer Potpourri (Part 2): States Litigate Joint Employer Rule and NASAA speaks