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 IIICommentary on Business and Legal Issues of Franchising
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 IIIThe 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 IIA 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 IThe 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 RightsThe 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 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…
Continue Reading THE VALUE OF ORAL CONTRACTS“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 MetaverseI 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?