A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont
Continue Reading Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act
My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?
New and emerging franchise systems are often very eager to sign those first franchisees. All too often, they are willing to make concessions to get the franchisees on board, despite
Continue Reading My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane Path
One of the most highly anticipated portions of the IFA Annual Convention each year is the case study workshop conducted at the Annual Leadership Conference. All 350 attendees are
Continue Reading IFA Convention Takeaway: Franchise Founder Succession Planning Doesn’t Have to be a Single Lane Path
WARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”)
Continue Reading WARNING! Replacement Importers May Be “Successor to a Brewer” under New York LawGo Franchise Broker or Bust?
One of the most hotly debated and discussed questions among franchise system owners and operators is whether to engage outside franchise sales agents, brokers, franchise sales outsource companies (FSOs)
Continue Reading Go Franchise Broker or Bust?Be Careful with Your Demands When Converting Existing Licensees to Franchisees!
A recent case decided by the Ohio Court of Appeals reminds new franchisors to tread carefully when converting existing licensees to future franchisees. In the case of Okolish v. Town
Continue Reading Be Careful with Your Demands When Converting Existing Licensees to Franchisees!Not All Payments Qualify as “Fees” Under State and Federal Definitions of a Franchise
A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by
Continue Reading Not All Payments Qualify as “Fees” Under State and Federal Definitions of a FranchiseWhat Steps Should a Successful Business Owner Take To Prepare for Franchising – Part II?
So now you know what it means to “franchise” a concept or brand. You want to move forward in this exciting new opportunity and franchise your business. What are the
Continue Reading What Steps Should a Successful Business Owner Take To Prepare for Franchising – Part II?Is it time to Franchise My Business – Part I?
You are an entrepreneur. You created, founded and currently operate a successful and vibrant business. Perhaps customers, family members, or friends are loyal fans of your brand and are approaching
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How is a Franchise Buyout Price Determined? New Ruling Provides Guidance
A business deal didn’t go as planned and one side wants out. All parties now need to determine how to buyout the disgruntled partner.
How exactly is a franchise buyout
Continue Reading How is a Franchise Buyout Price Determined? New Ruling Provides Guidance