Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:
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
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"
Suspicious Activity Reporting (SAR) under the Bank Secrecy Act and Anti-Money Laundering: What You Need to Know About the Safe Harbor and Limitations to Immunity
Martin Hahn on Food Labeling Lawsuits
Cross-Border M&A: Opportunities and Dealbreakers in Europe
Mike Koehler on Foreign Corrupt Practices Act Reform
Edelman 5 Step Process for Evaluation of Third Parties
Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss
Wal-Mart Bribery Allegations: Initial Impressions
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
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 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
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
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
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
Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009)
In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with ExxonMobil to operate a Mobil-branded gasoline station. The lease...more