A district court in Georgia recently granted a Motion for Preliminary Injunction filed by HOA Franchising, LLC’s, the franchisor of the Hooters restaurant chain (“Hooters”), against one of its
Continue Reading Georgia Court Finds Hooter’s Franchise Non-Compete Unreasonable in Geographic ScopeA 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?
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
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
If you follow this blog, you know that a very interesting case involving restrictive covenants has been winding its way through the Pennsylvania courts. The facts of the case are
Continue Reading The Last Word on the Uniform Written Obligations Act and Restrictive Covenants in Pennsylvania?
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
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.
Back in May 2014, I reported on a significant case from the Pennsylvania Superior Court regarding restrictive covenants. Specifically,the Superior Court held that the Pennsylvania Uniform Written Obligations Act (the
Continue Reading Will Your Restrictive Covenants Still Be Enforceable in Pennsylvania?
A recent published opinion from the Superior Court of Pennsylvania, an intermediate state appellate court, has called into question the enforceability of some restrictive covenants in Pennsylvania. In David M.
Continue Reading Are Your Restrictive Covenants Still Enforceable in Pennsylvania?
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.