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 generally
Continue 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
Today, I attended Part I of a new International Franchise Association series hosted by Dan Monaghan of Clear Summit Group exploring the opportunities and threats to franchising created by artificial
Continue Reading How Franchisors Can Use Artificial Intelligence (AI) to Improve their Franchise System and Help Franchisees
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 AgreementsThe 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 relationshipLast 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 SOPContributed 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 ReferendumThe 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