IS THE A IN ANDA BEGINNING TO MEAN ANTITRUST?
Winston & Strawn's Kessler Sees Change and Opportunity in College Athletics
How Ed O'Bannon Just Disrupted College Athletics
Monitoring and Auditing Your Anti Corruption Compliance Program
FCPA Training: The Basics
Polsinelli Podcast - Keep the Government out of Your Transaction: Practical Antitrust Tips for Mergers
How to Avoid Corruption Risks in China
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
The Sunshine Act: Putting It into Practice – Interview with Karen Lovitch, Member, Mintz Levin
Bill on Bankruptcy: US Airways Need a Merger More than AMR
Too Big To Fail in the Dodd-Frank Era
License to travel: how regulation is benefiting business abroad
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Tips for Mobile App Privacy Compliance
China's Export Policy Changes After U.S. Antitrust Case
How to Conduct Routine Internal Investigations
Could A US-EU Free Trade Deal Harm The WTO?
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
Aquila: M&A Looking Up in 2013; "The Negatives Are Built In"
The Georgia Court of Appeals recently upheld a judgment entered on a jury verdict against a franchisor for violating the Federal Trade Commission’s Franchise Rule, 16 CFR Parts 436 and 437 (the FTC Rule), finding that the FTC...more
In This Issue:
- Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case:
Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has...more
Elon Musk's battle to sell Teslas directly to consumers continues. In the last five months, the governors and legislatures of Pennsylvania and New Jersey and, now, even the White House, have taken stands on whether or not...more
As foreshadowed by the Coalition Government earlier this year (see our previous update), penalties for breach of the Franchising Code of Conduct (Franchising Code) are to be introduced....more
MARKETING & LABELING LEGISLATION -
In Canada, the federal Competition Act prohibits certain marketing activities, which include:
• Resale price maintenance
• Predatory pricing
• Price discrimination
When starting a new business, many people toy with the idea of opening a franchised business.
What is a franchise, exactly? Legally speaking, a franchise has three components: 1) license of trademarks and systems, 2)...more
The Australian government has released an exposure draft of amendments to The Trade Practices (Industry Codes – Franchising) Regulations 1998 (the Franchising Code of Conduct) and relevant provisions in the Competition and...more
In previous Franchising Updates, we reported on the Wein Review of the Franchising Code of Conduct (Code) and the Abbott Government's response to the recommendations in the Wein Report.
On 2 April 2014, the Government...more
In this Issue:
- Tying And Other Claims By Service Competitor Rejected:
A federal court in Arizona has rejected various antitrust claims brought by a servicer of aircraft power units against a manufacturer of...more
Stakeholders are invited to comment on the draft bill and Regulations by 30 April 2014 with the changes expected to take effect from 1 January 2015. The highlights of the amended Regulations include:
Franchise systems have been, and continue to be, sought-after investment and acquisition targets. As a result of this, the demand for ownership of franchise systems often exceeds supply. In fact, there has been almost a...more
After creating a successful business model, expansion becomes the next natural step. But such growth usually requires the involvement of third parties, especially if resources are limited. There are several ways to expand...more
To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more
In today’s global marketplace, companies need to be informed about foreign laws and practices that impact, or may potentially impact, their businesses in the various regions they serve. This edition of Global Connection...more
In the '90s, we witnessed efforts by franchisee rights advocates to introduce federal franchise legislation to protect franchisee interests in their relationships with franchisors. In connection with the FTC reviewing and...more
Last month the Supreme Court of Ohio helped clarify an oft-litigated feature of the state’s beer and wine “franchise” law. Like most such enactments, Ohio’s franchise law (the “Ohio Alcoholic Beverages Franchise Act”)...more
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
The Australian Government has released its response to the review of the Franchising Code of Conduct (Report) and has accepted in full or in principle the majority of recommendations made by the independent reviewer and...more
The FTC’s amended definition of “creditor” within the Red Flags Rule is now in effect.
The definition is narrower in scope, but under it, a franchisor may still qualify as a “creditor.” For instance, if you use a...more
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
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
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
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
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
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
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