As many readers may know, the FTC Rule on Franchising’s definition of franchise contains three basic definitional elements: (1) license of a trademark, (2) payment of a fee, and (3)
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Implied Covenant of Good Faith Does Not Trump Express Terms
The U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court’s decision that 7-Eleven did not violate the New Jersey Franchise Practices Act (NJFPA) after the
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Court Relies on Intended Gross Sales in Denying Summary Judgment
In determining whether an agency agreement between a family moving company, Ocean City Express, and an interstate moving company, Atlas Van Lines, is subject to the requirements of the New
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Watch Manufacturer Avoids “Franchise” Designation
The question of whether a relationship between a watch manufacturer, Swatch, and a watch shop operator amounts to a “franchise” was answered in the negative by the U.S. Court of
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7-Eleven Prevails on Claim that it Violated the New Jersey Franchise Practices Act and Federal Labor Standards Act
A federal district court in Trenton, New Jersey, has ruled that franchisor 7-Eleven was entitled to summary judgment on
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Forum Selection Clauses and The New Jersey Franchise Practices Act
The basic legal relationship between a franchisor and a franchisee is, of course, memorialized in the franchise agreement. However, several states have statutes which can outright cancel certain clauses in a
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