International franchisors inbound into the U.S. face a complex set of business decisions and legal regulations. Even seemingly simple tasks–like properly executing a franchise registration application–can become a time-consuming and
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Fox Rothschild LLP
Drafting Matters: Do your non-competes bind the correct parties?
A federal court in Colorado recently upheld a franchisor’s non-competition provision despite that state’s strong public policy against non-competes. The franchisor prevailed due to its thoughtful contract drafting and ability…
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FDA releases new guidance on menu labeling rule

The Trump administration is moving forward with an Obama-era initiative requiring certain food establishments to list calorie information…
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Save Local Business Act moves one step closer to limiting joint employer liability
The U.S. House Committee on Education and the Workforce recently approved the “Save Local Business Act” (HR 3441 – Byrne). If enacted, the Act would limit joint employer…
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At the buzzer: FDA (again) extends compliance deadline for menu labeling rules

Just four days shy of the enforcement deadline, the FDA extended the date for restaurants and similar retail food…
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Drafting Matters: When non-competes and renewal provisions collide
If a franchisor waives the non-compete provision in its current franchise agreement, can it enforce a non-compete when the franchise agreement is renewed? According to a recent decision by the…
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Janitorial services franchisor cleans up on joint employer claim
Janitorial services franchisor Jan-Pro Franchising International, Inc. (“Jan-Pro”) is not the employer of its unit franchisees, according to a recent California federal court decision. Roman v. Jan-Pro Franchising Int’l, Inc.…
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Enforcement is on the Menu: May 5, 2017 is the Deadline to Comply with Menu Labeling Rules

Over two years ago, on December 1, 2014, the U.S. Food and Drug Administration (“FDA”) published a food labeling …
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PA Supreme Court Affirms Franchisors Do Not Employ their Franchisees’ Employees
Is a franchisor liable as a “statutory employer” under Pennsylvania law if its franchisee fails to obtain workers’ compensation insurance? The Pennsylvania Supreme Court recently answered “no” under the facts…
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Required Maintenance: Upgrading and improving disclaimers and disclosures
If your brand standards require franchisees to upgrade and improve their locations, a recent federal case demonstrates how thoughtful disclaimers and disclosures can shut down a franchisee lawsuit in its…
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