“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
I admit I was among the scores of franchise lawyers whose blood pressure skyrocketed with passage of California’s AB 5. If a Franchise Agreement establishes an independent contractor relationship
Continue Reading Time to Exhale . . . CAUTIOUSLY: Ninth Circuit has good news for franchisors
The long awaited ruling in Mission Products Holding, Inc. v. Tempnology LLC (In re Tempnology) has simplified the intersection of bankruptcy and trademark law, with the court holding
Continue Reading Tempnology: Rejection of Executory Contract is Not Rescission
Today, we welcome guest author Elizabeth G. Hodgson from our Exton, PA office. Elizabeth represents clients in a variety of industries, including food and beverage, Pennsylvania liquor licensing, startup and
Continue Reading Durational Residency Requirements for Liquor Licensees: Closing Time?
In Lomeli v. Jackson Hewitt, Inc., the United States District Court in the Central District of California held that the plaintiff, Luis Lomeli (“Lomeli”), had submitted enough evidence to
Continue Reading The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
The fight against joint employment of franchisors and franchisees took a small hit when the Western District of Pennsylvania (“Court”) chose to allow a franchisee’s employee’s suit to proceed. In
Continue Reading Broad Provisions in Franchise Agreement: How Far is too Far?
A federal court in Colorado recently upheld a franchisor’s non-competition provision despite that state’s strong public policy against non-competes. The franchisor prevailed due to its thoughtful contract drafting and ability
Continue Reading Drafting Matters: Do your non-competes bind the correct parties?
The intersection of franchise law and general corporate law is extensive. A recent decision in the Michigan Court of Appeals (Court) highlights the importance of thoroughly understanding and considering the
Continue Reading Successor Liability? Double-Check Those Assets!
A recent decision by the Ninth Circuit Court of Appeals (Court) in Marsh v. J. Alexander’s throws a wrench into the equation with respect to the guidance on the tip-credit
Continue Reading No Tip of the Hat to DOL Guidance
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