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Focused on Franchise Law - April 2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Franchising in Ontario - April 2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

Franchising in the Courts - April 2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: The Applicability and Limits of the Duty of Good Faith - Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key...more

Focused on Franchise Law - January 2013

In This Issue: - Mark Melton Has Become Of Counsel To The Firm - Franchisor 101: Personal Liability In New York For A Franchisor's Owners - Franchisee 101: Beer & Wine Franchisees Enjoy Protection From...more

Strategic Ouster of Hotel Operators: If You Can't Stop It, Discourage It

Do owners and operators drive the legal structure of hotel management agreements? They should, but some courts have concluded that principles of agency trump the bargain struck by sophisticated, well-represented parties that...more

1250264 Ontario Inc. v. Pet Valu Canada Inc.: In or Out? A Bold Re-Opening of the Opt-Out Period in a Franchise Class Action

On July 27, 2012, Justice Strathy of the Ontario Superior Court of Justice released a decision in the 1250264 Ontario Inc. v. Pet Valu Canada Inc.(Pet Valu) franchise class action setting aside certain opt-out notices...more

Franchising vs. Licensing – the Illegal Franchise Dilemma

Think you may have bought an illegal, disguised franchise that's called a license or something else? Or are you a company looking to expand and have been told to go with inexpensive licensing instead of expensive franchising?...more

First Circuit Makes Circuit Split Lopsided In Favor Of Narrowing Impact Of Stolt-Nielsen

With less colorful language than its last arbitration opinion, the First Circuit sided with the Second and Third fireworks Circuits in limiting the application of the 2010 Stolt-Nielsen decision on the availability of class...more

Does a Franchisor have an Obligation to Maintain Brand Strength?

Bertico Inc. et al v. Dunkin’ Brands Canada Ltd. (Allied Domecq Retailing International (Canada) Ltd.) In an unprecedented decision released on June 21, 2012, the Quebec Superior Court held that the Dunkin’ Donuts...more

Superior Court of New Jersey Slashes Attorneys' Fees in Class Action Settlement

In Storch v. Five Guys Enterprises, LLC and FG Madison, LLC, the New Jersey Superior Court found that counsel fees of $50,000 plus approximately $500 in costs were fair and reasonable under the applicable standards as applied...more

Franchise Review - May 2012: Franchising in the Courts

In the recent decision, Sirianni v. Country Style, the Ontario Superior Court ordered a franchisor to pay punitive damages to a franchisee for breaching the statutory duty of fair dealing. The case offers useful insight...more

Know Your "Business": Don't Bite Off More Than You Can Chew When Drafting A Covenant Not To Compete

The broadly written scope of the covenant not to compete before the Business Court in Outdoor Lighting Perspectives Franchising, Inc. v. Harders led to the denial of Plaintiff's Motion for a Preliminary Injunction this...more

Franchising in the Courts

In This Alert: - Baton Rouge: Juicy Legal Developments on Disclosure Obligations Justice Brown of the Ontario Superior Court recently released his decisions on liability and costs in 3574423 Canada Inc. v. Baton...more

The Quebec Superior Court’s Recent Judgment in Stereo Plus v. 140 Greber Holding: Shedding Light on Penalty and Legal Expenses...

*Important Note: FMC (Mr. Stéphane Teasdale and Ms. Mélanie Jacques) represented Distribution Stereo Plus Inc. in this case. On January 13th, in the case of Distribution Stereo Plus Inc. c. 140 Greber...more

Franchise Laws: What You Should Know Before Expanding Internationally By Susan Grueneberg and Joshua Schneiderman

Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Much has been written about the phenomenon known as “inadvertent franchising” in the U.S. — a situation that arises when a company, acting...more

Ninth Circuit Rules That Attorney Fees are Properly Awarded Under Petroleum Marketing Practices Act

In Chevron U.S.A. Inc. v. M&M Petroleum Services Inc., 2011 DJDAR 13854 (2011), the U.S. Court of Appeals for the Ninth Circuit decided a novel case involving the recovery of attorney fees under the Petroleum Marketing...more

Osler Update: Suncor Successful in Dismissing Proposed Class Action

Osler Update by Larry Lowenstein and Adam Hirsh of Osler, Hoskin & Harcourt LLP. Summary of recent Ontario Court of Appeal decision affirming summary judgment dismissing plaintiff's action and thereby ending class action. ...more

Even Hooters Has Trade Secrets

Hooters Sues Competitor For Trade Secret Theft by Former Hooters Executive But Conspicuosly Omits Former Employee From Lawsuit Hooters recently sued a competitor, La Cima Restaurants, alleging widespread...more

On level terms: unfair terms and drafting consumer contracts

UK contract law has been re-written to benfit consumers - so what strategies should you adopt in writing terms and conditions for consumer constracts?...more

Inadvertent franchise relationship: What you should watch for

Originally published in the Colorado Real Estate Journal, July 20, 2011 - August 2, 2011. Franchising, a versatile business model, is not limited to fast-food restaurants. Colorado is home not only to familiar...more

Recent Trends in Franchise Injunctions

This article summarizes trends in franchise injunctions based on a review of recent Ontario cases. Article focuses on how standard three-part test for injunction is applied to injunctions brought by franchisors and...more

Saxon Petroleum Corp. v. Star Enterprise

Memorandum of Law in Support of the Motion by Texaco Inc. et al for a Preliminary Injunction and Expedited Discovery

The title accurately describes the nature of the motion in this brief in a case originally brought by a gasoline retailer seeking to avoid termination by Texaco under the Petroleum Marketing Practices Act when in fact that...more