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
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
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
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Location, location, location: Franchise litigation in the venue of your choosing
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
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Franchisor did not violate disclosure law, 5th Circuit agrees
Last June we blogged about a lawsuit that ended favorably for a franchisor. In Braatz, LLC v. Red Mango FC, LLC, the trial court determined that a franchisor did
Continue Reading Franchisor did not violate disclosure law, 5th Circuit agrees
Walking the tightrope: Protecting multiple locations vs. overbroad non-competes
Congratulations! Your franchise system has opened multiple locations across the state, region or maybe even country. Now, how can you protect against a former franchisee competing with your other locations
Continue Reading Walking the tightrope: Protecting multiple locations vs. overbroad non-competes
Drafting Matters: Franchise agreement fells misrepresentation claim
A federal court in Minnesota recently dismissed a franchisee’s misrepresentation claims thanks to the franchisor’s carefully drafted franchise agreement.
Franchisee Moxie Venture L.L.C. (“Moxie”) brought suit against franchisor The UPS
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Joint employer claims move forward against hotel franchisor in sexual servitude suit
Browning-Ferris based claims against hotel franchisor Marriott International Incorporated (“Marriott”) will move forward, according to an Illinois federal court. The suit seeks to hold Marriott liable as a joint employer
Continue Reading Joint employer claims move forward against hotel franchisor in sexual servitude suit
California Franchise Relations Act amendments make breaking up hard(er) to do
Finding the right franchisee can be a daunting task. Despite a franchisor’s best efforts, sometimes a franchisee just isn’t a good fit. When it’s not working out, franchisors rely on
Continue Reading California Franchise Relations Act amendments make breaking up hard(er) to do
Want to enforce your arbitration provision? Then say it loud and clear (and unmistakably)!
So, your franchise agreement has an airtight arbitration provision…right? It probably says that if any disputes arise out of your franchise agreement, then they must be arbitrated (rather than litigated).
Continue Reading Want to enforce your arbitration provision? Then say it loud and clear (and unmistakably)!