Bryan Clements

Bryan Clements

Lewitt Hackman

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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 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

Focused on Franchise Law - November 2013

FRANCHISOR 101: FRANCHISE AGREEMENT LEAVES PRETZEL FRANCHISEE TWISTED - Post-termination non-compete covenants are not always enforceable by franchisors against terminated franchisees-it depends on the state and the...more

11/22/2013 - Franchise Agreements Franchises Minimum Wage Non-Compete Agreements

Beer Distribution Law - October 2013

MASSACHUSETTS & PENNSYLVANIA MAY EASE TERMINATION BURDEN FOR SMALL BREWERS - Many states are testing the waters regarding carve outs for small brewers, including relief from statutes that bar them from terminating...more

10/24/2013 - Breweries Wine & Alcohol

Focused On Franchise Law - October 2013

FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more

10/16/2013 - Disclosure Requirements Franchises FTC Unfair or Deceptive Trade Practices

Beer Distribution Law - September 2013

The beer industry is one of the most highly regulated industries in the United States. Every state oversees the sale and distribution of beer, and the differences among the states' regulatory processes result in a maze that...more

9/25/2013 - Distributors Wine & Alcohol

Focused on Franchise Law - August 2013

FRANCHISOR 101: CALIFORNIA REQUIREMENTS ON NEGOTIATED TERMS MAY CHANGE - The California Franchise Investment Law and the California Code of Regulations currently require franchisors registered in California to disclose...more

8/20/2013 - Breweries Disclosure Requirements Distributors Franchise Agreements Franchises Internet Retailers Marketing Wine & Alcohol

Focused on Franchise Law - July 2013

FRANCHISOR 101: PROVIDING FINANCIAL PERFORMANCE REPRESENTATIONS TO POTENTIAL FRANCHISEES: Financial performance representations (FPRs) consist of historical earnings data presented by franchisors to potential...more

7/18/2013 - Employer Liability Issues Franchise Disclosure Document Franchises Risk Assessment

Focused on Franchise Law - November 2012

In This Issue: - Barry Kurtz Honored As Trusted Advisor - Franchisor 101: It's That Time Again: Renewal Season 2013! - Franchisee 101: Reporting Sales and Paying Taxes-A Double Edged Sword - Barry Kurtz...more

11/20/2012

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