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
Continue Reading No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)
No-Poach Provision: The Latest Cause of Worry to Franchise Systems
The recent antitrust attacks on no-poach clauses encourage insomnia among franchise lawyers. But is the attack serious or just a flash in the pan, soon to be extinguished?
The insomnia
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Apply Now: Tips for Franchise Applications
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
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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
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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
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What “Never” to Negotiate in Franchise Agreements – Part 3
Fox Rothschild 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
Continue Reading What “Never” to Negotiate in Franchise Agreements – Part 3
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
Continue Reading Time to Reconsider No Poaching Agreements? Yes, Emphatically.
Protecting the Confidentiality of Franchise Negotiations
Fox Rothschild 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
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What “Never” to Negotiate in Franchise Agreements
Fox Rothschild 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
Continue Reading What “Never” to Negotiate in Franchise Agreements
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,
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