On May 19, 2019, the North American Securities Administrators Association (NASAA) adopted new state cover sheets and state effective dates page for franchise disclosure documents. Beginning on January 1, 2020,
Continue Reading Did You Know? NASAA Releases New Instructions
Apply Now: Tips for Franchise Applications
Before signing an agreement with a new franchisee, franchisors often want to make sure the franchisee has the knowledge, skill, and investment necessary to be successful. While many people are
Continue Reading Apply Now: Tips for Franchise Applications
Drafting Matters: When non-competes and renewal provisions collide
If a franchisor waives the non-compete provision in its current franchise agreement, can it enforce a non-compete when the franchise agreement is renewed? According to a recent decision by the
Continue Reading Drafting Matters: When non-competes and renewal provisions collide
Required Maintenance: Upgrading and improving disclaimers and disclosures
If your brand standards require franchisees to upgrade and improve their locations, a recent federal case demonstrates how thoughtful disclaimers and disclosures can shut down a franchisee lawsuit in its
Continue Reading Required Maintenance: Upgrading and improving disclaimers and disclosures
Location, location, location: Franchise litigation in the venue of your choosing
A Massachusetts franchisor can sue an Oregon franchisee in Massachusetts, according to a recent decision from the United States Court of Appeals for the First Circuit. The case contains important
Continue Reading Location, location, location: Franchise litigation in the venue of your choosing
Drafting Matters: Franchise agreement fells misrepresentation claim
A federal court in Minnesota recently dismissed a franchisee’s misrepresentation claims thanks to the franchisor’s carefully drafted franchise agreement.
Franchisee Moxie Venture L.L.C. (“Moxie”) brought suit against franchisor The UPS
Continue Reading Drafting Matters: Franchise agreement fells misrepresentation claim
Want to enforce your arbitration provision? Then say it loud and clear (and unmistakably)!
So, your franchise agreement has an airtight arbitration provision…right? It probably says that if any disputes arise out of your franchise agreement, then they must be arbitrated (rather than litigated).
Continue Reading Want to enforce your arbitration provision? Then say it loud and clear (and unmistakably)!
A Tale of Two Non-Competes: Why Drafting Matters
In a recent blog, we cautioned readers that an overprotective non-compete can result in no protection at all. In that case, Unlimited Opportunity, Inc. v. Waadah, a franchisor
Continue Reading A Tale of Two Non-Competes: Why Drafting Matters
The Top Three Insurance Issues Facing Franchise Systems
As a member of our firm’s insurance practice group, I am often asked by clients to conduct comprehensive insurance policy analyses to identify gaps in coverage and uninsured risks. When
Continue Reading The Top Three Insurance Issues Facing Franchise Systems