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Franchise Law Update

Commentary on Business and Legal Issues of Franchising

Legal Decisions

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Protecting Your IP in the Metaverse

By Craig R. Tractenberg on May 24, 2022
Circuit Board

“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
Posted in Legal Decisions

Time to Exhale . . . CAUTIOUSLY: Ninth Circuit has good news for franchisors

By Natalma M. McKnew on October 7, 2019

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

Posted in Joint Employer, Legal Decisions

Tempnology: Rejection of Executory Contract is Not Rescission

By Craig R. Tractenberg on May 21, 2019

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

Posted in Legal Decisions

Durational Residency Requirements for Liquor Licensees: Closing Time?

By Fox Rothschild LLP & Fox Rothschild LLP on April 26, 2019

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?

Posted in Food Service, Legal Decisions

The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!

By Fox Rothschild LLP on April 30, 2018

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?!

Posted in Joint Employer, Legal Decisions, Uncategorized

Broad Provisions in Franchise Agreement: How Far is too Far?

By Fox Rothschild LLP on April 30, 2018

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?

Posted in Drafting Tips, Joint Employer, Legal Decisions, Uncategorized

Drafting Matters: Do your non-competes bind the correct parties?

By Fox Rothschild LLP on November 30, 2017

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?

Posted in Articles, Drafting Tips, Legal Decisions

Successor Liability? Double-Check Those Assets!

By Fox Rothschild LLP on November 2, 2017

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!

Posted in Drafting Tips, Food Service, Legal Decisions

No Tip of the Hat to DOL Guidance

By Fox Rothschild LLP on October 29, 2017

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

Posted in Food Service, Industry Updates, Legal Decisions

Drafting Matters: When non-competes and renewal provisions collide

By Fox Rothschild LLP on August 31, 2017

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

Posted in Articles, Drafting Tips, Legal Decisions, Startup and Emerging Franchisors

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