Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required under the
Continue Reading Tips for Enforcing that Mediated Franchise Settlement Agreement
The Accidental Franchise: An Evergreen Issue
On September 28, 2021, Fox Rothschild partner Craig Tractenberg with Rochelle Spandorf from Davis Wright Tremaine LLP provided perspectives on drafting licenses and distribution agreements respecting the evergreen issue of
Continue Reading The Accidental Franchise: An Evergreen Issue
Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 2 of 2)
So yesterday I discussed some background related to anti-poaching and non-compete law. Today, I explain why the decision in Pittsburgh Logistics Systems provides a helpful analogue to franchising.
Facts
The
Continue Reading Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 2 of 2)
Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 1 of 2)
Let’s review the status of activity restrictions in franchise agreements. Do they serve the purpose intended? Are they enforceable? Are they worth it? The Pennsylvania Supreme Court’s decision in Pittsburgh
Continue Reading Reappraisal of Anti-Poaching and Non-Competes in Franchising (Part 1 of 2)
Winter of Despair followed by . . . a Spring of Hope?
Charles Dicken’s A Tale of Two Cities famously opens with “It was the best of times, it was the worst of times, it was the age of wisdom, it was
Continue Reading Winter of Despair followed by . . . a Spring of Hope?
Area Developer Hit with Massive Arbitration Award in Favor of Franchisor
Franchisor obtains $2,064,735.75 arbitration award against failed area developer.
In an arbitration decision handed down by the American Arbitration Association, Rita’s Franchise Company, LLC obtained an award against a
Continue Reading Area Developer Hit with Massive Arbitration Award in Favor of Franchisor
The 90 day Franchise Bankruptcy Solution
The CARES Act has amended the Bankruptcy Code to provide an expedited and easier version of a business bankruptcy proceeding. We now have “Subchapter 5” for small business and individual
Continue Reading The 90 day Franchise Bankruptcy Solution
You’re Worried? What To Do. NOW.
A recession is coming, if it is not already here. But this won’t be a recession like 2008. Back then, the banks threw you under the bus so that they
Continue Reading You’re Worried? What To Do. NOW.
To Poach or Not to Poach
Franchise systems, and many licensing arrangements, contain anti-poaching provisions. These provisions are being tested under the antitrust laws as being
Continue Reading To Poach or Not to Poach
Breach of Implied Covenants in PA
For over 40 years, Amzi Takiedine had been a 7-Eleven franchisee when he sued his franchisor in the United States District Court for the Eastern District of Pennsylvania. The case,
Continue Reading Breach of Implied Covenants in PA