Eleventh Circuit’s Burger King opinion raises antitrust risks in franchising
Sherman Act challenges to “no-poach” clauses in franchise agreements have been languishing in federal courts for a few years
Continue Reading Want Some Antitrust with your Burger?
Franchise systems, and many licensing arrangements, contain anti-poaching provisions. These provisions are being tested under the antitrust laws as being
Continue Reading To Poach or Not to Poach
It’s the holiday season, but franchise lawyers may find little in recent events to celebrate. The challenges just keep on coming!
Most recently, we’ve been challenged by California’s AB5 legislation
Continue Reading Happy Holidays? More challenges in franchising
In a recent post, I expressed the view that no-poach clauses in franchise agreements are unlikely to violate the antitrust laws. Recent activity, however, has given me a “maybe
Continue Reading No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)
Yesterday, Washington’s Governor, Jay Inslee signed HB1450 [PDF] which targets the use of restrictive covenants in the State of Washington (the “Non-Compete Act”). The signing of the Non-Compete Act follows
Continue Reading Just Signed! New Washington State Law Limits Use of Non-Competes and No-Poach Agreements