Bryan Clements

Bryan Clements

Lewitt Hackman

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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

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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