Barry Kurtz

Barry Kurtz

Lewitt Hackman

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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 Freshii 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 Clause Franchise Agreements Hotels Motion to Dismiss Ramada

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 FTC Rule 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 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

41 Results
|
View per page
Page: of 2

"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*

*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.
×