The Securities Division of the Indiana Secretary of State issued a press release this week announcing that it filed an administrative complaint against Florida based Mac and Cheese Franchise Operations
Continue Reading Action by Indiana Securities Division Reminds Franchisors to Watch Those Item 7 Estimated Initial Investment NumbersEleanor Vaida Gerhards
California Paves Way for Franchise Broker Registration and Disclosure Model
Back in December 2022, we published a blog informing readers that guidance on franchise sales brokers and agents may be on the horizon. The North American Securities Administrators Association’s (“NASAA”)…
Continue Reading California Paves Way for Franchise Broker Registration and Disclosure ModelGeorgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic Scope
A district court in Georgia recently granted a Motion for Preliminary Injunction filed by HOA Franchising, LLC’s, the franchisor of the Hooters restaurant chain (“Hooters”), against one of its…
Continue Reading Georgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic ScopeCourt Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a Decade
A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal…
Continue Reading Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a DecadeMy Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?
New and emerging franchise systems are often very eager to sign those first franchisees. All too often, they are willing to make concessions to get the franchisees on board, despite…
Continue Reading My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane Path
One of the most highly anticipated portions of the IFA Annual Convention each year is the case study workshop conducted at the Annual Leadership Conference. All 350 attendees are…
Continue Reading IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane PathWARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”)…
Continue Reading WARNING! Replacement Importers May Be “Successor to a Brewer” under New York LawGo Franchise Broker or Bust?
One of the most hotly debated and discussed questions among franchise system owners and operators is whether to engage outside franchise sales agents, brokers, franchise sales outsource companies (FSOs)…
Continue Reading Go Franchise Broker or Bust?Be Careful with Your Demands When Converting Existing Licensees to Franchisees!
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town …
Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees!Not All Payments Qualify as “Fees” Under State and Federal Definitions of a Franchise
A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by…
Continue Reading Not All Payments Qualify as “Fees” Under State and Federal Definitions of a Franchise