Patience is good advice as demonstrated by the case of Subway Developments 2000 v. Subway Franchise Systems of Canada, (S.D.N.Y. Jun. 9, 2025) 2025 WL 163602. This analysis was first
Continue Reading Patience Needed in Franchise Dispute ResolutionFederal 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.
WARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”)
Continue Reading WARNING! Replacement Importers May Be “Successor to a Brewer” under New York Law
Court Concludes that “Good Cause” for Termination Includes More than Items Listed in Statute
On May 11, 2023, the federal district court in Rapid City, South Dakota, concluded that the South Dakota motor vehicle dealer law did not provide an exclusive list of “good
Continue Reading Court Concludes that “Good Cause” for Termination Includes More than Items Listed in StatuteCALIFORNIA’S TECTONIC PLATES SHIFT — Part III
The Unkindliest Cut of All – the FAST Act
And so we come to the ultimate affront to franchising. Responding to strong lobbying efforts by the Service Employees International Union
Continue Reading CALIFORNIA’S TECTONIC PLATES SHIFT — Part IIICALIFORNIA’S TECTONIC PLATES SHIFT — Part II
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 IICALIFORNIA’S TECTONIC PLATES SHIFT — Part I
A 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 I
Unintended Consequences of Franchise Rescission Rights
The 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 RightsRecent Illinois Case A Reminder of Broad Scope of “Franchise Fee” Element
The 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” ElementTHE VALUE OF ORAL CONTRACTS
The 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
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