Key takeaways from my partner, Odia Kagan’s recent presentation titled “Service Providers v. Data Processors: What Should Your Agreement Address?” with Lexology and Exterra:
Between you and your service provider/data processor, you can and
Let’s posit you have operations in Pennsylvania, where I live, and those operations are in located in one of the Northcentral or Northwestern Counties (including Erie) that went to Yellow Phase on May 8th, one of the Southwestern Counties
Yesterday, I noted that Pennsylvania Governor Tom Wolf had issued an order directing all “non-life-sustaining” businesses in the Commonwealth to close at 8 p.m. yesterday. His stated goal is to “manage the crisis as we see the full brutality of the virus in the coming
As you may be aware, Pennsylvania Governor Tom Wolf issued an order late on Thursday prohibiting the operation of a business that is not life-sustaining. The order went into effect at 8 p.m. on Thursday, March 19, 2020. Enforcement is scheduled to begin at 12:01 a.m. on Saturday, March 21, 2020. A comprehensive list of
It’s the holiday season, but franchise lawyers may find little in recent events to celebrate. The challenges just keep on coming!
Most recently, we’ve been challenged by California’s AB5 legislation and Dynamex decision, the DOJ’s brief foray into challenging “no poach” provisions and the State of Washington’s energetic embrace of that campaign. Unfortunately, recent developments
So we’ve talked a bit over the last couple of weeks about California’s AB-5 and the implications for franchising. But maybe you would like to learn more? Then you’re in luck! On Monday, October 28, 2019, at 9 am PT (12 noon ET), my colleagues Tami McKnew and Nancy Yaffe will be presenting a webinar
In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future. These fees are easily justifiable. Franchisors are routinely creating, developing, managing, and upgrading software programs, websites, phone systems, online platforms and similar technology solutions used
The first step in creating or renegotiating a supply chain is understanding its component parts, and the roles each part plays: Producers, Manufacturers, Distributors, Retailers, and Consumers. These roles are not exclusive. For instance, the producer of a raw good, such as milk or software code, may also be the manufacturer of the finished good
In a recent post, I expressed the view that no-poach clauses in franchise agreements are unlikely to violate the antitrust laws. Recent activity, however, has given me a “maybe yes, maybe no” on my prediction.
First, two recent rulings offer differing views on the issue of the appropriate standard to apply to the antitrust