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 clauseContinue Reading POOF! 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. . .
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 Acknowledgements
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 III
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 II
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 I
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?
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
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
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)
The California version of the ABC test is arguably the most hostile to franchising. Nonetheless, the risk is not confined to California.
This is because the ABC employee classification test,…
Continue Reading Franchising Threat No. 3: Other State Legislation and Policies