Preventable Consequences.
The Federal Trade Commission has obtained a landmark $17 million settlement against Xponential Fitness, a franchisor operating popular fitness brands including Club Pilates, Pure Barre, YogaSix, StretchLab, and
Continue Reading Guarding Against FTC EnforcementCompanies with strong brands, like franchise companies, are often seen as excellent investment vehicles. Because these brands have recurring revenue and can be “asset-light,” the revenue stream is considered an
Continue Reading Buying and Investing in the BrandPatience is good advice as demonstrated by the case of Subway Developments 2000 v. Subway Franchise Systems of Canada, (S.D.N.Y. Jun. 9, 2025) 2025 WL 163602. This analysis was first
Continue Reading Patience Needed in Franchise Dispute ResolutionDeciding 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?Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”)
Continue Reading U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute
A business deal didn’t go as planned and one side wants out. All parties now need to determine how to buyout the disgruntled partner.
How exactly is a franchise buyout
Continue Reading How is a Franchise Buyout Price Determined? New Ruling Provides Guidance
The goal of commercial arbitration is to bring final disposition to business disputes as an efficient and economical alternative to litigation. In an effort to improve efficiency, discovery is generally
Continue Reading Winning Dispositive Motions in Commercial ArbitrationThis fall we posted about the North American Securities Administrators’ (NASAA) adoption of a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (the “SOP”). Technically, NASAA’s SOP
Continue Reading Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and AcknowledgementsThe franchise case begins with a quote of movie mogul, Samuel Goldwyn, “A verbal contract isn’t worth the paper its written on.” Goldwyn’s truism regarding contract law is remembered in
Continue Reading THE VALUE OF ORAL CONTRACTS
“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes
Continue Reading Protecting Your IP in the Metaverse