If you attended this year’s IFA Annual Convention in Phoenix, you heard Senator Joe Manchin strongly support and defend the franchise business model in a speech. Late on Wednesday, Senator
Continue Reading Senate Formally Objects to the New NLRB Joint Employer StandardLegislative Updates
Minnesota Legislature Passes Non-Compete Bill Banning Restrictive Franchise Agreements
On May 16, 2023, the Minnesota legislature adopted a revision to the Minnesota Statutes (§181.99) which prohibits restrictive franchise agreements commonly called “no-poach” or “non-solicitation” agreements. Specifically, this…
Continue Reading Minnesota Legislature Passes Non-Compete Bill Banning Restrictive Franchise AgreementsFAST Act Shrapnel: AB 1228 redefines the franchise relationship
The FAST Act is in limbo pending the outcome of a California ballot repeal initiative. Undaunted, the Legislature has excised key provisions of that Act and positioned them for separate…
Continue Reading FAST Act Shrapnel: AB 1228 redefines the franchise relationshipUpdate: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and Acknowledgements
This fall we posted about the North American Securities Administrators’ (NASAA) adoption of a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (the “SOP”). Technically, NASAA’s SOP…
Continue Reading Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and AcknowledgementsNot So FAST: FAST Recovery Act on Pause until 2024 Referendum
Guest Post by Gabrielle E. Gordon
On Labor Day, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which authorized the California Department…
Continue Reading Not So FAST: FAST Recovery Act on Pause until 2024 ReferendumIs a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & Takeaways
I had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA…
Continue Reading Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & TakeawaysFranchisors: We Offer The Following Prescription for Your Consideration
Recently we discussed the headwinds that remain for the franchise community as a result of policy changes coming from Washington and the various state capitols. What should franchisors consider as…
Continue Reading Franchisors: We Offer The Following Prescription for Your Consideration
New York City Passes Sweeping Food Delivery App Laws
Third-party food delivery services via app (e.g., DoorDash, GrubHub, Uber Eats, Postmates, etc.) have become–especially in these pandemic times–a vital part of the restaurant industry ecosystem. And we know that…
Continue Reading New York City Passes Sweeping Food Delivery App Laws
Popular Franchise Funding Source (EB-5 Program) Rocked by Two Major Developments
With Ali Brodie
EB-5 Investments are a popular way of raising capital for franchise expansion. So it came as a bit of a shock last week the EB-5 Program was…
Continue Reading Popular Franchise Funding Source (EB-5 Program) Rocked by Two Major Developments
A COVID Bonus for Trademark Owners: Presumptive Injunctive Relief and Sweeping Away Old Marks
Buried deep in the roughly 5,500 pages of the most recent COVID relief legislation are two unexpected gifts for trademark owners. One of those gifts, the Trademark Modernization Act:…
Continue Reading A COVID Bonus for Trademark Owners: Presumptive Injunctive Relief and Sweeping Away Old Marks