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 IICommentary on Business and Legal Issues of Franchising
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 IIA 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 IThe right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain…
Continue Reading Unintended Consequences of Franchise Rescission RightsWhen a business is deciding to franchise its concept, the task “to-do” list is never-ending. Identifying the most critical issues and deciphering what are “necessities” vs. “nice-ities” for an emerging…
Continue Reading Decoding the “Necessities” vs. “Nice-ities” for Emerging Franchise BrandsThe recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers…
Continue Reading Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” ElementEleventh 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?As expected, the North American Securities Administrators Association (NASAA) announced last week that it voted to adopt a “Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgements…
Continue Reading NASAA Adopts New Franchise Questionnaire PolicyThe franchise case begins with a quote of movie mogul, Samuel Goldwyn, “A verbal contract isn’t worth the paper its written on.” Goldwyn’s truism regarding contract law is remembered in…
Continue Reading THE VALUE OF ORAL CONTRACTSLongtime readers of this blog know that Memorial Day is special here at the Franchise Law Update Blog. Memorial Day, of course, is the day established by General John A.
Continue Reading Memorial Day 2022“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes…
Continue Reading Protecting Your IP in the Metaverse