Barry Kurtz

Barry Kurtz

Lewitt Hackman

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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 Clause 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

FRANCHISOR 101: Accidental Franchises in Industries Not Typically Associated With Franchising

Almost everyone recognizes the nation's most prominent franchises: McDonald's, Domino's, Hilton or 7-Eleven, to name a few. And business people are becoming aware that arrangements that look like franchises, but are...more

1/23/2015 - Corporate Counsel Fast-Food Industry Franchise Disclosure Document Franchises Franchisors FTC Hospitality Industry Restaurant Industry

FRANCHISEE 101: Independent Contractors or Employees?

In Ruiz v. Affinity Logistics Corporation, another recent delivery driver case that arose in California, Affinity Logistics' drivers claimed they were employees and had been misclassified as independent contractors. The trial...more

12/18/2014 - Delivery Drivers Employee Definition Employer Liability Issues Franchises Independent Contractors Misclassification

FRANCHISOR 101: Statutes of Limitation Message for Franchisors and Franchisees

In Kroshnyi v. U.S. Pack Courier Services, Inc., a case pending for 13 years (and not over yet), numerous drivers claimed their package delivery franchisor violated New York's franchise law. From 1996 to 1998 the drivers...more

12/17/2014 - Delivery Drivers Franchise Agreements Franchises Statute of Limitations Trucking Industry

FRANCHISEE 101: Avoid Acts & Omissions That Expose Your Franchisor to Potential Liability

A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists. An employee of a Hardee's...more

11/21/2014 - Employer Liability Issues Fast-Food Industry Franchise Agreements Franchises Workplace Injury

FRANCHISOR 101: Avoid Liability for Acts and Incidents at Franchisees' Locations

There has been a lot of news lately about risks of franchisors being liable for acts and incidents at franchised locations. The National Labor Relations Board's general counsel recently announced he intends to claim...more

11/20/2014 - Corporate Counsel Employer Liability Issues Franchises Franchisors Liability McDonalds NLRB Risk Management Wage and Hour

Comparing Franchise Relationships and Beer Distribution Relationships

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

11/19/2014 - Automotive Industry Breweries Commercial Contracts Distributors Franchises Petroleum Retailers Wine & Alcohol

FRANCHISEE 101: Illusory Arbitration Provisions Not Enforceable in Indiana

In 2010, Steak 'n Shake, a franchisor of hamburger restaurants, adopted new pricing and promotion policies that required all franchisees to follow company mandated pricing on every menu item and to participate in all...more

10/30/2014 - Arbitration Arbitration Agreements Franchise Agreements Franchises Franchisors Restaurant Industry

FRANCHISOR 101: Venue and Choice of Law Provisions Not Enforceable in California

In 2013, Pepe's Franchising, a U.K. company, entered into a Master Franchise Agreement with Frango Grill, based in California, granting the right to operate and franchise Pepe's restaurants in California. The Agreement's...more

10/29/2014 - Choice-of-Law Choice-of-Venue Franchise Agreements Franchises UK

Is Franchising The Right Model For Your Business?

Franchising is a flexible, tried and true method of distributing products and services and offers business owners an alternative avenue to expand their already successful businesses. One immediately thinks of McDonalds or...more

10/8/2014 - Choice of Entity Franchise Agreements Franchises Small Business Small Business Formation

FRANCHISEE 101: Forum Selection Clauses May Be Enforceable

A recent decision in Allegra Holdings, LLC v. Davis demonstrates that courts are enforcing forum selection clauses in favor of out-of-state franchisors and against in-state franchisees, notwithstanding franchise anti-waiver...more

9/18/2014 - Foreign Entities Forum Selection Clause Franchise Agreements Franchises Franchisors

California Supreme Court Overturns 2012 Domino's Decision

On August 28, 2014, the California Supreme Court reversed a 2012 Court of Appeal decision in Patterson v. Domino's Pizza, LLC. The lower court held that franchise operating systems, like Domino's, deprive franchisees of the...more

9/17/2014 - Dominos Employer Liability Issues Joint Employers Sexual Harassment Vicarious Liability

Beer Bills: New Laws & Legislation on Tap

There are a number of bills and new laws that craft brewers should have on the radar – legislation that could affect operations and distribution. In California, two of these bills became law, while one is still pending...more

9/12/2014 - Distributors New Legislation Proposed Legislation Wine & Alcohol

For California franchises, there’s no place like home

Competitors of all kinds know home court advantage helps them win. Home court advantage refers to the psychological, procedural and logistical edge gained by competing in a familiar setting, where one has better knowledge of...more

8/22/2014 - Atlantic Marine Construction Company Forum Selection Clause Franchises SCOTUS Venue

Focused on Franchise Law - May 2014

FRANCHISOR 101: When is Unreasonable, Reasonable? Crown Imports, LLC (Crown) imports Corona beer from Mexico. In 2008, two of Crown's Southern California distributors, Classic and HBC, agreed that Classic would buy...more

5/22/2014 - Appeals Business Litigation Distributors Franchise Agreements Franchises Interference Claims Mexico Tortious Interference Wine & Alcohol

Focused on Franchise Law - February 2014

FRANCHISOR 101: Franchisor Successfully Fends Off Fraud Claims - There are circumstances when a fraud claim will not succeed against a franchisor. In Dunkin' Donuts Franchised Restaurants, LLC v. Claudia I, LLC, a...more

2/25/2014 - Breweries Distributors Franchise Agreements Franchises Franchisors Fraud Good Faith

Beer Distribution Law - January 2014

PENNSYLVANIA COURT REFUSES TO REWRITE DISTRIBUTION AGREEMENT - A United States District Court in Pennsylvania, applying Pennsylvania law, recently rejected a distributor's argument that a brewer's refusal to permit...more

1/21/2014 - Breach of Contract Breach of Duty Breweries Covenant of Good Faith and Fair Dealing

Focused on Franchise Law - January 2014

FRANCHISOR 101: ITEM 19: MAKE A LIST AND CHECK IT TWICE - Hardware store franchisor, Ace Hardware Corporation, recently prevailed in several fraud claims brought by two former Indiana franchisees in Avon Hardware Co.,...more

1/14/2014 - Franchise Agreements Franchise Taxes Franchises Franchisors

Beer Distribution Law - December 2013

Large Southern California Distributor Acquired By Reyes - Consolidation continues in the beer distribution business. The number of distributors in the US has dropped by about 1200 since 1980 to around 3200, although...more

12/23/2013 - Breweries Wine & Alcohol

Focused on Franchise Law - December 2013

FRANCHISOR 101: LEARNING THE HARD WAY - Franchisors entering into settlement agreements with current or former franchisees must be certain that the agreements give the franchisors the right to make required FDD...more

12/17/2013 - Franchise Agreements Franchise Disclosure Document Franchises Keller Williams Realty

Beer Distribution Law - November 2013

GOOD NEWS FOR CRAFT BREWERS - POSTAL REFORM LEGISLATION - On October 30, Senator Charles Schumer (D-NY) launched a plan to lift the prohibition era ban on shipping alcoholic beverages by way of the United State Postal...more

11/26/2013 - Breweries Wine & Alcohol

32 Results
|
View per page
Page: of 2

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.
×