Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more
When entering into a trademark license agreement most trademark owners do not consider the possibility that their agreement actually may be a franchise, which would subject them to specific disclosure requirements and a...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more
1/9/2023
/ Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Former Employee ,
Franchises ,
Health Care Providers ,
Healthcare ,
New Rules ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
As franchise brands mature, they face a series of challenges that can either push the brand higher and to the next level, or sow the seeds for ultimate destruction. For many during the mid-twentieth century, Howard Johnson’s,...more
Federal Judge Robert J. Hemphill defined an expert witness as “a man you pay to say your way.” When those words were spoken in 1978, the venerable Frye standard, enunciated in 1923, governed the admissibility of expert...more
For generations of small business owners franchising serves as a successful business model. Under this paradigm a franchisor grants a franchisee a license to use the franchisor’s trademark and business concept in exchange for...more
12/8/2020
/ ABC Test ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
State and Local Government ,
Wage and Hour
The Small Business Administration (SBA) has been a key player in franchise development, providing loan guarantees for franchisee start-ups. As a condition for providing these guarantees, the SBA historically required a...more