Deciding whether to choose state or federal court can be outcome determinative. This is particularly important in deciding to remove a case from state to federal court. Some state franchise
Continue Reading Should the Litigation be in State or Federal Court?Memorial Day 2022
Longtime readers of this blog know that Memorial Day is special here at the Franchise Law Update Blog. Memorial Day, of course, is the day established by General John A.
Continue Reading Memorial Day 2022Happy Holidays from the Franchise and Distribution Team at Fox Rothschild
Warmest Wishes for Happy Holidays with your colleagues, friends and loved ones–remotely, of course! And, to all of those with an empty box on the Zoom or empty seat at
Continue Reading Happy Holidays from the Franchise and Distribution Team at Fox Rothschild
A Summer Potpourri (Part 1): Congress Legislates and the Fed Weighs In
Amidst the continuing pandemic, summer brings faint hope that someday things might return to business as usual. For the franchise industry, recent events offer a hint of normality. In Part
Continue Reading A Summer Potpourri (Part 1): Congress Legislates and the Fed Weighs In
What the Heck Does Yellow Phase Re-Opening Mean (Pennsylvania)? (Updated 5/31/20)
Let’s posit you have operations in Pennsylvania, where I live, and those operations are
Continue Reading What the Heck Does Yellow Phase Re-Opening Mean (Pennsylvania)? (Updated 5/31/20)
Positive News on the Joint Employer Front!
In 2014, David Weil assumed the reins at the Department of Labor’s Wage and Hour division. Dr. Weil, an economic scholar, set his sights on the concept of joint employment.
Continue Reading Positive News on the Joint Employer Front!
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
The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
In Lomeli v. Jackson Hewitt, Inc., the United States District Court in the Central District of California held that the plaintiff, Luis Lomeli (“Lomeli”), had submitted enough evidence to
Continue Reading The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
Broad Provisions in Franchise Agreement: How Far is too Far?
The fight against joint employment of franchisors and franchisees took a small hit when the Western District of Pennsylvania (“Court”) chose to allow a franchisee’s employee’s suit to proceed. In
Continue Reading Broad Provisions in Franchise Agreement: How Far is too Far?