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?
Legal Decisions
The Franchisor is Liable for Franchisee’s Submission of Fraudulent Tax Statements?!
By Fox Rothschild LLP on
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?!
Broad Provisions in Franchise Agreement: How Far is too Far?
By Fox Rothschild LLP on
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?
Drafting Matters: Do your non-competes bind the correct parties?
By Fox Rothschild LLP on
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?
Successor Liability? Double-Check Those Assets!
By Fox Rothschild LLP on
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!
No Tip of the Hat to DOL Guidance
By Fox Rothschild LLP on
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
Drafting Matters: When non-competes and renewal provisions collide
By Fox Rothschild LLP on
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
Janitorial services franchisor cleans up on joint employer claim
By Fox Rothschild LLP on
Janitorial services franchisor Jan-Pro Franchising International, Inc. (“Jan-Pro”) is not the employer of its unit franchisees, according to a recent California federal court decision. Roman v. Jan-Pro Franchising Int’l, Inc.…
Continue Reading Janitorial services franchisor cleans up on joint employer claim
Required Maintenance: Upgrading and improving disclaimers and disclosures
By Fox Rothschild LLP on
If your brand standards require franchisees to upgrade and improve their locations, a recent federal case demonstrates how thoughtful disclaimers and disclosures can shut down a franchisee lawsuit in its…
Continue Reading Required Maintenance: Upgrading and improving disclaimers and disclosures
Location, location, location: Franchise litigation in the venue of your choosing
By Fox Rothschild LLP on
A Massachusetts franchisor can sue an Oregon franchisee in Massachusetts, according to a recent decision from the United States Court of Appeals for the First Circuit. The case contains important…
Continue Reading Location, location, location: Franchise litigation in the venue of your choosing