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Franchise Law Update

Commentary on Business and Legal Issues of Franchising

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FPRs in the Time of COVID-19

By John Gotaskie & Fox Rothschild LLP on August 10, 2020

As if the global pandemic was not enough to cause franchisors and their attorneys heartburn, the North American Securities Administrators Association released a commentary titled “Disclosing Financial Performance Representations …
Continue Reading FPRs in the Time of COVID-19

Posted in Drafting Tips

(UPDATED) Are State Registration Deadlines Changing under COVID-19? Yes and No (a survey)

By Fox Rothschild LLP on March 26, 2020

This was updated on April 15, 2020, to reflect changes issued by Illinois and Indiana.

This was updated on April 6, 2020, to reflect changes issued by Virginia.

This has …
Continue Reading (UPDATED) Are State Registration Deadlines Changing under COVID-19? Yes and No (a survey)

Posted in Business Updates, Regulatory Compliance

NJFPA Refresher – Community of Interest

By Fox Rothschild LLP on February 18, 2020

As many readers may know, the FTC Rule on Franchising’s definition of franchise contains three basic definitional elements: (1) license of a trademark, (2) payment of a fee, and (3)…
Continue Reading NJFPA Refresher – Community of Interest

Posted in Drafting Tips

Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.

By Fox Rothschild LLP & John Gotaskie on January 18, 2019

On December 28, 2018, the D.C. Circuit Court of Appeals issued an opinion in the Browning-Ferris case. In this much anticipated decision, the Court of Appeals concluded that the National…
Continue Reading Did the D.C. Circuit Overrule or Uphold Browning-Ferris? Yes.

Posted in Joint Employer, Legal Decisions

Ample Planning Cannot Always Save Franchisors from Taxes

By Fox Rothschild LLP on December 20, 2018

Out-of-state franchisors beware of opening a franchise in New Mexico due to the recent decision in A&W Restaurants, Inc. v. Taxation and Revenue Department of the State of New Mexico …
Continue Reading Ample Planning Cannot Always Save Franchisors from Taxes

Posted in Business Updates, Industry Updates, Legal Decisions

What “Never” To Negotiate in Franchise Agreements – Part 4

By Fox Rothschild LLP & Fox Rothschild LLP on November 25, 2018

The Fox Rothschild associate team of Megan Center and Alex Radus recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to…
Continue Reading What “Never” To Negotiate in Franchise Agreements – Part 4

Posted in Drafting Tips

What “Never” to Negotiate in Franchise Agreements – Part 3

By Fox Rothschild LLP & Fox Rothschild LLP on September 30, 2018

The Fox Rothschild associate team of Megan Center and Alex Radus recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to …
Continue Reading What “Never” to Negotiate in Franchise Agreements – Part 3

Posted in Drafting Tips, Risk Management, Startup and Emerging Franchisors, Uncategorized

Time to Reconsider No Poaching Agreements? Yes, Emphatically.

By Fox Rothschild LLP, Craig R. Tractenberg & John Gotaskie on September 19, 2018

Renewed Efforts to End No Poaching Provisions

Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “naked no…
Continue Reading Time to Reconsider No Poaching Agreements? Yes, Emphatically.

Posted in Business Updates, Legislative Updates, Risk Management

Protecting the Confidentiality of Franchise Negotiations

By Fox Rothschild LLP, Fox Rothschild LLP & John Gotaskie on August 31, 2018

The Fox Rothschild team of Megan Center and Alex Radus recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to ‘Never’…
Continue Reading Protecting the Confidentiality of Franchise Negotiations

Posted in Drafting Tips, Risk Management

What “Never” to Negotiate in Franchise Agreements

By Fox Rothschild LLP, Fox Rothschild LLP & John Gotaskie on August 31, 2018

We, Megan Center and Alex Radus, recently gave a presentation at the International Franchise Expo in New York City on the “Top Ten Provisions to ‘Never’ Negotiate in a Franchise…
Continue Reading What “Never” to Negotiate in Franchise Agreements

Posted in Drafting Tips, Risk Management, Startup and Emerging Franchisors

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