Barry Kurtz

Barry Kurtz

Lewitt Hackman

Contact  |  View Bio  |  RSS

Latest Publications

Share:

FRANCHISEE 101: California Expands Protections for Franchisees

California Assembly Bill 525, passed into law in 2015 applies to franchise agreements entered into or renewed on or after January 1, 2016. It expands and provides new protections for franchisees. Franchisees subject to...more

2/1/2016 - Franchise Agreements Franchisee New Legislation

FRANCHISOR 101: Department of Labor Weighs in on Joint Employer Liability

Recently, some plaintiffs - employees of franchisees - have tried to hold franchisors responsible for unpaid overtime and other claimed violations by franchisees they work for. They use the theory that franchisors are their...more

2/1/2016 - DOL Franchisors Joint Employers Unpaid Overtime Wage and Hour

FRANCHISOR 101: 10 Ways Franchisors Can Reduce Vicarious Liability Risks

The U.S. Department of Labor says McDonald's is liable for actions of franchisees. In the last three months a California federal court said McDonald's could be liable for a franchisee's alleged failure to pay overtime and...more

12/30/2015 - Employer Liability Issues Franchise Agreements Franchisors Joint Employers McDonalds Rest and Meal Break Unpaid Overtime Vicarious Liability

FRANCHISEE 101: Pay Attention to Contractual Statutes of Limitation

Many franchise agreements include a contractual limitation period or time limit when parties can bring a claim for relief. Though the franchise agreement is often written by and for the franchisor, these limitations can help...more

12/29/2015 - Contract Terms Franchise Agreements Franchisee Franchisors Motion to Dismiss Statute of Limitations

FRANCHISOR 101: Catch-all Disclaimers No Substitute for Untrained Salespeople

How strong are "non-reliance disclaimers" or "integration" or "merger" provisions in franchise agreements at protecting a franchisor when it really matters? Only so much, a New York court recently decided....more

10/30/2015 - Catch-All Disclaimers Disclosure Requirements Franchise Disclosure Document Franchise Sales Act Franchisee Franchisors Fraudulent Inducement Merger Agreements Mergers Non-Reliance Clauses Salespersons

FRANCHISEE 101: "Two Wrongs Don't Make a Right"

At one time or another, many people have occasion to be renters who feel mistreated by a landlord. This may be due to delays in repairs, responses, or just turning on the heat. A typical reaction is the temptation to...more

10/29/2015 - Commercial Leases Dunkin' Donuts Franchise Agreements Franchise Fees Franchisee Franchisors Injunctions Renovations Site Plans Trademark Infringement Trademarks

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

10/2/2015 - Cease and Desist Defamation DMCA Facebook First Amendment Franchises Online Reviews Personal Brands Social Media Takedown Notices Terms and Conditions Twitter Yelp

FRANCHISEE 101: Bankruptcy Discharges Franchise Law Claims

A recent Bankruptcy Appellate Panel decision is a reminder of both a benefit of bankruptcy, in appropriate circumstances, and the need to respect the bankruptcy discharge a party obtains in the process. Mr. Lee was...more

9/30/2015 - Commercial Bankruptcy Franchise Agreements Franchises Fraud Sanctions

FRANCHISEE 101: Franchisee Keeps Case in Home Court Despite Forum Selection Clause

Rob & Bud's Pizza ("R&B") is a Papa Murphy's franchisee and owns and operates multiple Papa Murphy's Take 'n' Bake Pizza restaurants in Arkansas, Missouri and Kansas. In April 2014, R&B and other Papa Murphy's franchisees...more

8/20/2015 - Forum Selection Franchisee Franchises Fraudulent Inducement Misrepresentation Papa Murphys Public Policy Resorts & Restaurants Transfer of Venue

FRANCHISOR 101: Florida Franchisor Awarded Lost Future Profits

An arbitration panel in Florida found that a disaster recovery and remediation business franchisee breached his agreement with John Woods, his franchisor, by terminating the agreement 13 years before expiration of the 20-year...more

8/19/2015 - Arbitration Breach of Contract Damages Franchise Agreements Franchisee Lost Future Profits

FRANCHISEE 101: Hawaiian Distributor May Be a Franchisee

A long-standing distributor and licensee of Harley-Davidson motorcycles in Hawaii was entitled to proceed on its claim that the business relationship with Harley-Davidson Motor Company, Inc. was a "franchise" under Hawaii's...more

8/3/2015 - Distributors Franchise Fees Franchisee Franchises Harley-Davidson License Agreements Sales & Distribution Agreements Trademarks

FRANCHISOR 101: Contractual Disclaimers Save the Day

A federal court in Florida has ruled that a disclaimer of representations contained in the franchise agreement between a childcare business franchisor and its franchisees barred claims against the franchisor for alleged...more

8/1/2015 - Disclaimers Franchise Agreements Franchisee Investment Funds Misrepresentation

Crossing the Line: Don't Let Business Clients Become Accidental Franchisors

Too often, expansion-minded business owners choose to offer trademarked products or services through purported licensing agreements or distribution or dealership arrangements only to discover, well into the game, that what...more

7/7/2015 - Department of Corporations Distributors Franchise Agreements Franchisors License Agreements Rescission Trademark Holders Trademarks

FRANCHISEE 101: Pay Now or Pay Later – Liquidated Damages & Future Royalties

Super 8 Worldwide, Inc. v. Anu, Inc. serves as a reminder to franchisees that, in general, courts will hold franchisees and their guarantors liable to their franchisors for losses suffered when franchisees abandon their...more

6/29/2015 - Breach of Contract Franchise Agreements Franchisee Franchises Franchisors

FRANCHISOR 101: Disclosure Violations & Running the Risks of Rescission

Despite a district court's recent decision in Braatz, LLC v. Red Mango FC, LLC, franchisors are well advised to comply with applicable disclosure requirements to a "T" to ensure new franchisees will not have an ongoing right...more

6/26/2015 - Disclosure Requirements Franchise Agreements Franchisee Franchises Rescission

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

5/29/2015 - 7-Eleven Discovery Discrimination e-Discovery Franchisee Litigation Fees & Costs Metadata Termination Undue Hardship

FRANCHISOR 101: Freshii Not Joint Employer

The National Labor Relations Board ("NLRB") recently published a memo finding that Canadian fast-casual restaurant franchisor Freshii is not a joint employer of its franchisee's employees. The ruling concerns unfair labor...more

5/28/2015 - Canada Franchise Agreements Franchisors Joint Employers NLRB Unions Vicarious Liability

FRANCHISEE 101: Forum Selection Clause Valid Despite MN Franchise Act

A federal court in New Jersey upheld a franchise agreement's forum selection clause in favor of hotel franchisor Ramada Worldwide Inc. and denied a Minnesota hotel franchisee's motion to dismiss the complaint, or...more

5/4/2015 - Forum Selection Franchise Agreements Hotels Motion to Dismiss

FRANCHISOR 101: Time for a Tall One? 3rd Circuit Affirms MillerCoors' Victory in Dispute

A U.S Court of Appeals ruled in favor of MillerCoors finding the brewer did not violate its distribution agreement with a beer distributor or Pennsylvania's alcohol beverage laws when it (i) assigned distribution rights for...more

5/2/2015 - Beer Beverage Manufacturers Brand Breach of Contract Distribution Rules MillerCoors Sales & Distribution Agreements Terms and Conditions Wine & Alcohol

Traditional Franchise And Beer Distribution Relationships: A Legal Comparison

Beer distribution laws differ from traditional franchise laws in many ways, but the two regimes do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer...more

4/14/2015 - Beer Distribution Rules Franchise Agreements FTC Popular Special Relationship

FRANCHISEE 101: Nice Try Mr. Franchisee

In Fantastic Sam's Salons, Corp. v. Moassesfar, a federal court in Los Angeles denied a motion by former franchisees to dismiss Fantastic Sam's claims for breach of contract and trademark infringement based on the contractual...more

3/27/2015 - Breach of Contract Franchise Agreements Franchisee Notice Requirements Termination Clauses Trademark Infringement

FRANCHISOR 101: Forum Selection Clause Held Enforceable

A federal court in Sacramento recently upheld a franchisor's forum selection clause and transferred an action brought by an area representative to the federal district court in the Western District of Texas....more

3/26/2015 - Forum Selection Franchise Agreements Franchisors Venue

FRANCHISEE 101: Is It a Franchise?

For decades, non-franchise businesses have tried using a quasi-franchise business model (i.e., any business format license) to distinguish themselves from franchisors to avoid onerous franchise investment laws. A recent...more

2/27/2015

FRANCHISOR 101: California Increases Time for Automatic Effectiveness from 15 to 30 Business Days

A new California law has given the California Department of Business Oversight, the State's regulator of franchises, more time to review franchise registration and renewal applications, with the result that franchisors, their...more

2/24/2015 - Department of Business Oversight Franchise Disclosure Document Franchises Franchisors New Legislation

FRANCHISEE 101: Complying with the FDA's New Menu Labeling Requirement

On November 25, 2014, the Food and Drug Administration (FDA) released final rules governing menu and vending machine labeling to implement some of the Affordable Care Act's nutrition labeling requirements. The final...more

1/26/2015 - Affordable Care Act Fast-Food Industry FDA Final Rules Food Labeling Franchisee Franchises Menu Rule Restaurant Industry

52 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×