Last June we blogged about a lawsuit that ended favorably for a franchisor. In Braatz, LLC v. Red Mango FC, LLC, the trial court determined that a franchisor did
Continue Reading Franchisor did not violate disclosure law, 5th Circuit agrees
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
Restricting transfer restrictions: California law places new burdens on franchisors
You’ve developed the concept. You’ve protected the IP. You’ve invested in the many upfront costs of franchising. And to protect all your hard work, you conduct due diligence to find
Continue Reading Restricting transfer restrictions: California law places new burdens on franchisors
ABA Franchise Forum Takeaway – Communicate with your State Examiner!
After eight years of filing initial, renewal and amendment franchise registrations with state regulators I am no longer shy
Continue Reading ABA Franchise Forum Takeaway – Communicate with your State Examiner!
Making SBA loans safer for franchisees…by mandating FPR’s?
Each time franchisors update their franchise disclosure documents (“FDD”), they have a choice: whether or not to include financial performance representations (“FPR”). A new bill introduced by Representative Keith Ellison
Continue Reading Making SBA loans safer for franchisees…by mandating FPR’s?
The third party to your franchise agreement: Congress?
“It is the purpose of this Act to . . . govern franchise agreements . . . to the full extent consistent with the Constitution of the United States .
Continue Reading The third party to your franchise agreement: Congress?
Can You Put Information from FPRs in Your Advertising? Very Carefully.
I continue with my seventh and final installment on Observations from the IFA Convention on the Ins and Outs of Financial Performance Representations (“FPRs”). Again, my thanks to Max Schott
Continue Reading Can You Put Information from FPRs in Your Advertising? Very Carefully.
Trends in State Comment Letters
Registration and renewal season is here for many franchisors, and state comment letters offer a glimpse of the hot-button issues in franchise disclosure. Among trending disclosure topi
cs are disclaimers
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Updating and Renewal Season Practice Pointer: Updating Often Overlooked FDD Disclosures
Practices can vary greatly from franchisor to franchisor when it comes to updating a Franchise Disclosure Document (FDD) at the
Continue Reading Updating and Renewal Season Practice Pointer: Updating Often Overlooked FDD Disclosures
Can Misrepresentation of FDD Start-Up Expenses Be a Cause of Action? (At Least One Court Says “Yes”)
Last month we posted about an interesting discussion that occurred at the ABA Forum on Franchising Annual Meeting about the extent of a franchisor’s duty to assure that initial start-up
Continue Reading Can Misrepresentation of FDD Start-Up Expenses Be a Cause of Action? (At Least One Court Says “Yes”)