The FAST Act is in limbo pending the outcome of a California ballot repeal initiative. Undaunted, the Legislature has excised key provisions of that Act and positioned them for separate
Continue Reading FAST Act Shrapnel: AB 1228 redefines the franchise relationshipPOOF! There goes 500 years of jurisprudence. . .
The FTC nixes non-competes
One of the earliest reported cases challenging a non-compete clause was Mitchell v. Reynolds, 1 P. Wms. 181, 24 Eng. Rep. 347 (Q.B. 1711). The clause
Continue Reading POOF! There goes 500 years of jurisprudence. . .Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and Acknowledgements
This 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 AcknowledgementsCALIFORNIA’S TECTONIC PLATES SHIFT — Part III
The Unkindliest Cut of All – the FAST Act
And so we come to the ultimate affront to franchising. Responding to strong lobbying efforts by the Service Employees International Union
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIICALIFORNIA’S TECTONIC PLATES SHIFT — Part II
The Joint Employment Conundrum
Signed into law on September 18, 2019 by Governor Gavin Newsom, Assembly Bill 5 (commonly known as AB-5), took effect on January 1, 2020. AB-5 codified
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IICALIFORNIA’S TECTONIC PLATES SHIFT — Part I
A San Andreas Fault for Franchising
“California’s falling into the ocean!” Growing up in Southern California I heard that every time we had an earthquake. Usually, though, all I had
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IWant Some Antitrust with your Burger?
Eleventh Circuit’s Burger King opinion raises antitrust risks in franchising
Sherman Act challenges to “no-poach” clauses in franchise agreements have been languishing in federal courts for a few years
Continue Reading Want Some Antitrust with your Burger?Franchisors: We Offer The Following Prescription for Your Consideration
Recently we discussed the headwinds that remain for the franchise community as a result of policy changes coming from Washington and the various state capitols. What should franchisors consider as
Continue Reading Franchisors: We Offer The Following Prescription for Your Consideration
Franchise Industry Calamity Averted, For Now
In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and
Continue Reading Franchise Industry Calamity Averted, For Now
Franchising Threat No. 4: The Deus Ex Machina (A Biden Executive Order)
While the Protect the Right to Organize (PRO) Act was passed by the House of Representatives, it has not been made part of the Biden administration’s infrastructure efforts thus far
Continue Reading Franchising Threat No. 4: The Deus Ex Machina (A Biden Executive Order)