Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”)
Continue Reading U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark DisputeIn Arbitration, Shall Means Shall
The Supreme Court issued a decision today in a case named Smith, et al. v. Spizzirri, et al., that has significant import for the franchise community. Many, if
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Franchising Is Safe from the National Ban on Non-Compete Agreements. Right?
By now you’ve probably heard that the Federal Trade Commission (“FTC”) adopted a new rule severely restricting the use of non-compete agreements in the United States. You also might have
Continue Reading Franchising Is Safe from the National Ban on Non-Compete Agreements. Right?
Senate Formally Objects to the New NLRB Joint Employer Standard
If you attended this year’s IFA Annual Convention in Phoenix, you heard Senator Joe Manchin strongly support and defend the franchise business model in a speech. Late on Wednesday, Senator
Continue Reading Senate Formally Objects to the New NLRB Joint Employer Standard
Action by Indiana Securities Division Reminds Franchisors to Watch Those Item 7 Estimated Initial Investment Numbers
The Securities Division of the Indiana Secretary of State issued a press release this week announcing that it filed an administrative complaint against Florida based Mac and Cheese Franchise Operations
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California Paves Way for Franchise Broker Registration and Disclosure Model
Back in December 2022, we published a blog informing readers that guidance on franchise sales brokers and agents may be on the horizon. The North American Securities Administrators Association’s (“NASAA”)
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Georgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic Scope
A district court in Georgia recently granted a Motion for Preliminary Injunction filed by HOA Franchising, LLC’s, the franchisor of the Hooters restaurant chain (“Hooters”), against one of its
Continue Reading Georgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic Scope
Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a Decade
A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal
Continue Reading Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a DecadeFederal Court Throws Out NLRB’s Controversial Joint Employer Rule
In a move welcomed by employers nationwide, a federal court judge in Texas has vacated the National Labor Relations Board’s proposed joint employer rule.
Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act
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