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
A Tale of Two Non-Competes: Why Drafting Matters
In a recent blog, we cautioned readers that an overprotective non-compete can result in no protection at all. In that case, Unlimited Opportunity, Inc. v. Waadah, a franchisor
Continue Reading A Tale of Two Non-Competes: Why Drafting Matters
The third party to your franchise agreement: Congress?
“It is the purpose of this Act to . . . govern franchise agreements . . . to the full extent consistent with the Constitution of the United States .
Continue Reading The third party to your franchise agreement: Congress?
Non-competition provisions: too much protection can be no protection at all.
Beware the overbroad non-competition provision. The Nebraska Supreme Court recently sent this message loud and clear in Unlimited Opportunity, Inc. v. Waadah, 861 N.W.2d 437 (Neb. 2015). There, a
Continue Reading Non-competition provisions: too much protection can be no protection at all.
Georgia (Non-Competes) on my Mind
As this blog has noted, there is some concern over the validity of a new Georgia law implementing a state constitutional amendment authorizing non-competition agreements and other restrictive covenants.
Georgians Vote to Allow Competitive Covenants (Updated)
While what some commentators have called a "wave" washed over the national political scene on November 2nd, setting the stage for an interesting "lame duck" Congressional session and major changes in Washington
Continue Reading Georgians Vote to Allow Competitive Covenants (Updated)