Ted Pearce

Ted Pearce

Nexsen Pruet, PLLC

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Latest Publications


Franchise POST: The Reformation of Financial Performance Representations; Has the Time Arrived?

Financial Performance Representations (“FPR’s), or earnings claims, have been an integral part of franchise sales process well before the Federal Trade Commission (“FTC”) began its supervision of the franchise model. The...more

12/22/2015 - Franchise Agreements Franchise Disclosure Document Franchisors FTC Profits Public Comment

Brand Standards Are for Everyone

Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

10/15/2014 - Brand Discrimination Dominos Employer Liability Issues Enforcement Franchisee Franchisors Joint Employers Lanham Act NLRB Policies and Procedures Restaurant Industry

Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees....more

8/6/2014 - Corporate Counsel Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

Financial Performance Representations

On Tuesday February 11th, the Charlotte Business Franchise Network met on the 15th floor conference room at Nexsen Pruet. The attendees, representing a broad cross section of franchisors, master franchisees, and franchise...more

2/18/2014 - Franchise Disclosure Document Franchises Franchisors Representations and Warranties

Ten Contract Provisions That a Prospective Franchisee Should Consider Before Signing a Franchise Agreement

The saying that “love is blind” is as true in picking a franchise as in finding a soul-mate. Most prospective franchisees tend to shop franchise concepts instead of franchise agreements. They focus their search on hot...more

2/10/2014 - Contract Drafting Franchise Agreements Franchise Disclosure Document Franchises

Showdown in Harrisburg

Like a strong marriage, a strong franchise relationship must be built on shared success. In the end, no relationship is likely to work out when one side holds all the cards. Originally published in Franchise Post on...more

11/5/2013 - Franchises Franchisors Non-Compete Agreements Restrictive Covenants

The orphaned unit franchisee: how to manage them after termination of a master franchise relationship

When designing an international multi-unit franchise relationship, it is beyond question that the most important factor is choosing the right international partner. Once you believe that you have found that ideal partner you...more

10/16/2013 - Franchise Agreements Franchises Termination

Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?

What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnsons Restaurants, then you are one of a shrinking number of people who can still appreciate the power that brand once had....more

8/28/2013 - Brand Corporate Culture Corporate Governance Franchise Disclosure Document Franchises Restaurant Industry

Growth: The Lifeblood of a Franchise System

At a recent meeting of Charlotte’s Franchise Business Network, sponsored by the International Franchise Association (the IFA) and Nexsen Pruet, 40 participants from a range of franchise concepts discussed paths to growing a...more

6/17/2013 - Franchise Agreements Franchises

Franchising is Hot, But Not for Everyone: Before Considering - Ask Five Questions about Your Business

A new report from IHS Global Insight shows the franchise industry will outpace growth in other business sectors in 2013. The Franchise Business Economic Outlook projects that...more

2/12/2013 - Franchise Agreements

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