I had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA
Continue Reading Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & TakeawaysEleanor Vaida Gerhards

Unintended Consequences of Franchise Rescission Rights
The right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain…
Continue Reading Unintended Consequences of Franchise Rescission RightsDecoding the “Necessities” vs. “Nice-ities” for Emerging Franchise Brands
When a business is deciding to franchise its concept, the task “to-do” list is never-ending. Identifying the most critical issues and deciphering what are “necessities” vs. “nice-ities” for an emerging…
Continue Reading Decoding the “Necessities” vs. “Nice-ities” for Emerging Franchise BrandsRecent Illinois Case A Reminder of Broad Scope of “Franchise Fee” Element
The recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers…
Continue Reading Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” ElementNASAA Adopts New Franchise Questionnaire Policy
As expected, the North American Securities Administrators Association (NASAA) announced last week that it voted to adopt a “Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgements…
Continue Reading NASAA Adopts New Franchise Questionnaire PolicyFDD Item 19 Financial Performance Representations in the Age of COVID-19
With most non-essential businesses closed across the country, it is easy to forget we are two weeks away from the April 30th Franchise Disclosure Document (FDD) update deadline for franchisors…
Continue Reading FDD Item 19 Financial Performance Representations in the Age of COVID-19
Attention Franchise Filers! Indiana Goes Paperless on January 1st
More and more states are launching online portals allowing franchise systems to file initial registrations, exemptions, renewals and amendment applications electronically. The Indiana Secretary of State, Securities Division launched the…
Continue Reading Attention Franchise Filers! Indiana Goes Paperless on January 1st
‘Tis the Season to Launch that Franchise System?
The new year is often a time when successful entrepreneurs with thriving business concepts start looking to expand their brand using a franchise business model. Franchising is an excellent way…
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How Do You Determine Your Franchise System’s Technology Fee?
In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future. …
Continue Reading How Do You Determine Your Franchise System’s Technology Fee?
Online Reviews – Best Practices for Dealing with Yelp from Yelp!
The Pennsylvania Restaurant and Lodging Association provides many benefits to its hospitality industry members. One of those benefits is access to its interesting and useful webinar series. This month’s webinar…
Continue Reading Online Reviews – Best Practices for Dealing with Yelp from Yelp!