The goal of commercial arbitration is to bring final disposition to business disputes as an efficient and economical alternative to litigation. In an effort to improve efficiency, discovery is generallyContinue Reading Winning Dispositive Motions in Commercial Arbitration
On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good…Continue Reading Court Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute
On May 16, 2023, the Minnesota legislature adopted a revision to the Minnesota Statutes (§181.99) which prohibits restrictive franchise agreements commonly called “no-poach” or “non-solicitation” agreements. Specifically, this…Continue Reading Minnesota Legislature Passes Non-Compete Bill Banning Restrictive Franchise Agreements
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 relationship
Last year, the North American Securities Administrators Association’s (NASAA) launched the Franchise Electronic Filing Depository System (“FRED”), the nationwide online filing portal for state franchise registration and exemption filings. Going…Continue Reading Franchise Renewal Season is Coming so What’s New with FRED?
This week the Washington Securities Division announced that it is considering an amendment to the Washington Administrative Code (“WAC”) to formally adopt the Statement of Policy Regarding the Use of…Continue Reading Washington Moves to Adopt NASAA SOP
Contributed by Gabrielle E. Gordon.
On Labor Day, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which authorized the California Department…Continue Reading (Updated) Not So FAST: FAST Recovery Act on Pause until 2024 Referendum
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