Before signing an agreement with a new franchisee, franchisors often want to make sure the franchisee has the knowledge, skill, and investment necessary to be successful. While many people are interested in buying franchises, not everyone qualifies for every type of franchise. A franchise application is one tool that can help franchisors weed out potential
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
Reducing Your Risk When Growing your System
Growth can be expensive, but it is always more expensive when the expansion is taken without risk assessment. Whether domestic or foreign, many risks can be reduced or avoided by proper consideration of differences between where you are now, and where you want to go.
For illustration, the examples here will be for foreign expansion,
What “Never” to Negotiate in Franchise Agreements – Part 3
The Fox Rothschild associate team of Megan Center and Alex Radus recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to ‘Never’ Negotiate in a Franchise Agreement”. A summary of this presentation will be prepared in four separate blog posts. The first post focused on central
Time to Reconsider No Poaching Agreements? Yes, Emphatically.
Renewed Efforts to End No Poaching Provisions
Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “naked no poaching” provisions in franchise agreements.
In a typical franchise agreement, a franchisor will prohibit a franchisee from poaching its or its other franchisees’ employees during
Protecting the Confidentiality of Franchise Negotiations
The Fox Rothschild team of Megan Center and Alex Radus recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to ‘Never’ Negotiate in a Franchise Agreement.” A summary of this presentation is being presented in four separate blog posts. The first post focused on the central
What “Never” to Negotiate in Franchise Agreements
We, Megan Center and Alex Radus, recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to ‘Never’ Negotiate in a Franchise Agreement” and want to share the highlights of that presentation here. This first of four blog posts will focus on central themes of franchise negotiation
Unique Data Breach Issues Facing Franchise Systems
I recently attended a very informative panel discussion at this year’s IFA Legal Symposium in Washington D.C. earlier this month on addressing data security risks in franchise systems. The panel, consisting of two attorneys with Bank of America Merchant Services provided some good tips and takeaways for franchise systems:
- Do tabletops. Your franchise system
How to Ensure Your Franchise Application Process is Airtight–No Matter Your System’s Size
Last year at the ABA Forum on Franchising Annual Meeting, the programming included a seminar entitled “Between You and Me: A Toolkit to Counsel in and to Smaller Systems.” The purpose of the session was to provide new in-house lawyers an overview of some of the day-to-day legal conundrums that growing brands
National Restaurant Association Releases New Cybersecurity Guide
The National Restaurant Association recently released a new guide for restaurant operators looking for more information on how to increase their cybersecurity efforts.
In 2015, the National Restaurant Association released its first manual for restaurant owners called “Cybersecurity 101: A Toolkit for Restaurant Operators” [PDF] which outlined best practices on five core areas