There’s a big insurance company that uses the tag line: Life Comes at You Fast. I sure feel that life is coming at me very fast in this Brave New World of COVID-19. Congress seems to agree, as it worked in record time to enact the $2 Trillion Coronavirus Aid, Relief and Economic Security or
(UPDATED) Are State Registration Deadlines Changing under COVID-19? Yes and No (a survey)
This was updated on April 15, 2020, to reflect changes issued by Illinois and Indiana.
This was updated on April 6, 2020, to reflect changes issued by Virginia.
This has been updated to reflect changes issued by Florida, Hawaii, Indiana, Minnesota, New York, and Washington.
Good things come to those who wait … except when
To Poach or Not to Poach
Franchise systems, and many licensing arrangements, contain anti-poaching provisions. These provisions are being tested under the antitrust laws as being anticompetitive. This article will discuss the benefits and burdens of including such provisions in your agreements.
These “no-poach” or “anti-poaching” clauses are fairly standard provisions
Taxes in Texas: Rent and Other Fees are Taxable Income
In a recent opinion, the Texas State Office of Administrative Hearings (SOAH) disagreed with a Texas franchisor that claimed rent and other fees received from its franchisees were mandated by fiduciary duty to flow through to other entities and therefore not taxable revenue.
The Franchise Agreement and the Franchise Disclosure Document of the franchisor,
Attention Franchise Filers! Indiana Goes Paperless on January 1st
More and more states are launching online portals allowing franchise systems to file initial registrations, exemptions, renewals and amendment applications electronically. The Indiana Secretary of State, Securities Division launched the Indiana Securities Portal exactly one year ago. According to the Indiana Division, the implementation has been very successful and the feedback over the past year
Another Day, Another Data Security Law: the NY SHIELD Act
New York passed a cybersecurity and data breach law, effective October 23, and it expands many cybersecurity requirements to not only businesses operating in New York, but also those operating outside of the state. The SHIELD Act, as it is called, expands the scope of the current law by requiring covered entities to adopt a
Did You Know? NASAA Releases New Instructions
On May 19, 2019, the North American Securities Administrators Association (NASAA) adopted new state cover sheets and state effective dates page for franchise disclosure documents. Beginning on January 1, 2020, the FDD must now include three specific cover sheets prepared in accordance with the instructions and samples promulgated by NASAA.
All of these new pages
Does GDPR Apply to Your Brand? Fresh Answers Here.
Submitted by Odia Kagan, Partner & Chair of GDPR Compliance and International Privacy.
Does the EU General Data Protection Regulation (GDPR) apply to my brand? This is a question with which many U.S.-based franchisors have been grappling since the GDPR took effect on May 25th. Six months later, the European Data Protection Board (EDPB)
Are You Doing the Right Due Diligence as You Grow Your System?
In our last post, we examined some of the types of risk that come with growth. In this post, we discuss some forms of diligence that may be used to better manage that risk.
Diligence on Legal Matters
Are there operating hour ordinances that might affect the business? How about limitations on operating hours or
Change is Inevitable and Some Requires Special Handling
Change is inevitable in a franchise system, and disclosure then becomes a concern. Disclosure may be a business issue for the existing franchisees, but it becomes a legal issue in the offer and sale of franchises. The question is whether the information would be considered by a hypothetical purchaser of a franchise as significant. Case