Antitrust & Trade Regulation, Franchise Law

Review Seeks Changes to Australian Franchising Laws - Baker & McKenzie

by Penny Ward | Baker & McKenzie Australia on 5/23/2013

On Friday May 17 2013, the Australian Government released the latest in a long line of Federal and State enquiries into the regulation of franchising in Australia....more

Franchising Newsletter – April 2013

by Kathy Dalton, Murray Deakin, Sam Jackson, J. Michael Keyes, Michaela Moloney, Sylvia Ng, Chris Nikou, Anna Trist | K&L Gates LLP on 5/2/2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

The A.R.T. of Franchising Advice - Reminders - Tips - February 2013

by Wayne Bunch, Jr., Mark Miller | Jackson Walker on 2/15/2013

Dear Franchisor, I hope you enjoy this edition of Jackson Walker's ART of Franchising newsletter. As always, our intention is to provide you with timely and easy-to-read franchise advice, reminders and tips, so that, as...more

Franchising Update - Febuary, 2013

by Murray Deakin, Chris Nikou, Anna Trist | K&L Gates LLP on 2/13/2013

This edition of our Franchising Update includes the following articles: - The recently announced review of the Franchising Code. - The Pie Face dispute – misleading information or inadequate due...more

Class Actions in Canada 2012 - The Year in Review and The Year Ahead

by Deborah Glendinning, Christopher Naudie, Éric Préfontaine | Osler, Hoskin & Harcourt LLP on 1/30/2013

In This Issue: Introduction; Class Action Practice Developments; Common Issues Trials; Class Actions in Quebec; Securities Class Actions; Competition Class Actions; Product Liability Class Actions; Franchise Class...more

How To Represent Prospective Franchisees And Franchisors

by Mark Miller | Jackson Walker on 1/12/2013

FRANCHISING PRIMER - I. INTRODUCTION - A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more

The Unintended Franchise: If It Quacks Like A Duck . . .

by Matthew Kreutzer | Armstrong Teasdale LLP on 1/10/2013

Originally published in Nevada Business Magazine on 1/1/2013. Are you operating a franchise system without realizing it? If you are licensing to others the right to use your trademark for a fee, the answer could be yes....more

Focused on Franchise Law - December 2012

by Barry Kurtz on 12/20/2012

In This Issue: - Franchisor 101: FTC Updates Definition of "Exclusive Territory" - Franchisee 101: No Franchise If You Don't Pay A Fee - Barry Kurtz Honored As 2013 Super Lawyer ...more

Franchise E-Review: September 2012 - Frequently Asked Questions

by Osler, Hoskin & Harcourt LLP on 10/5/2012

What is the current state of Canadian law regarding pricing practices between franchisors and franchisees? While the practice of price maintenance has been reduced from a criminal offence to a reviewable practice under...more

Hotel Franchisor Challenges FTC's Expanded Enforcement Efforts Targeting Franchise System's Data Security and Privacy Policies

by Ballard Spahr LLP on 10/3/2012

The Federal Trade Commission’s recent lawsuit against Wyndham Worldwide may mark the beginning of FTC enforcement actions targeting franchise systems through allegations of customer data security vulnerabilities in...more

Supply Chain Efficiency: Valuation and Transfer Pricing Considerations

by McDermott Will & Emery on 8/2/2012

Deriving maximum cost efficiency from the supply chain is a critical operational issue for multinational enterprises (MNEs) in certain regions. As taxation is typically one of a group’s largest costs, supply chain...more

FTC Expands ‘Business Opportunity’ to Include Work-At-Home Enterprises

by Ballard Spahr LLP on 6/20/2012

The Federal Trade Commission has expanded the definition of a “business opportunity” to include work-at-home opportunities in a new Business Opportunity Rule that also simplifies the required disclosures to one page plus...more

Advertising News & Analysis - June 14, 2012

by Venable LLP on 6/18/2012

In this issue: - FTC Amends Franchise Rule Disclosure Thresholds - Ben Stein / Kyocera Suit Latest Front in Endorsement Contract Wars - ICANN Unveils List of gTLD Applications - Upcoming Events An...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

by Osler, Hoskin & Harcourt LLP on 3/7/2012

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

Can A Franchisor Require Franchisees to Buy Supplies, Ingredients, or Products From It?

by Howard Ullman on 2/29/2012

The antitrust laws sometimes forbid product “tying.” A tying arrangement is an agreement by a party to sell one product on the condition that the buyer also purchases a different (or tied) product. In the...more

Franchising - what can a franchisee do if things go wrong?

by Jane Lambert on 2/6/2012

Following on from my article on the franchise agreement I consider what a franchisee can do if his franchise fails despite his or her best efforts. The franchise agreement is likely to contain a term that enables the...more

The franchise agreement: understanding what you are letting yourself in for.

by Jane Lambert on 1/20/2012

If you take a franchise you will be asked to sign a contract which will be at least 30 pages long. This contract will have been drafted by the franchisor's lawyers and it will look after the franchisor's interests and not...more

Could Your Nonprofit’s Chapters Be Considered “Franchises”

by Venable LLP on 8/4/2011

Related Topic Area(s): Antitrust and Trade Regulation A recent U.S. Court of Appeals for the Seventh Circuit decision held that the national Girl Scouts organization violated a Wisconsin franchise law when it attempted...more

Ontario Court of Appeal Upholds Class Certification in the Quizno's Case

by Jennifer Dolman on 6/24/2010

Summary of June 24, 2010 Ontario Court of Appeal decision in Quizno’s Canada Restaurant Corporation v. 2038724 Ontario Ltd. The Ontario Court of Appeal certified the class action. This article summarizes the...more