Franchise Review - May 2012: Franchising in Quebec by Osler, Hoskin & Harcourt LLP on 5/18/2012 When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more
Franchise Review - May 2012: Best Practices by Osler, Hoskin & Harcourt LLP on 5/18/2012 In our March 2012 Franchise Review we completed the first part of our two-part commentary on important developments we have seen in franchise agreement and franchise disclosure document preparation in the past few years. We...more
Franchise Review - May 2012: Franchising in the Courts by Osler, Hoskin & Harcourt LLP on 5/18/2012 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
Franchise Review - May 2012: Other Legislation by Osler, Hoskin & Harcourt LLP on 5/18/2012 In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more
Franchise Review - May 2012: Franchise Legislation by Osler, Hoskin & Harcourt LLP on 5/18/2012 Manitoba’s The Franchises Act (the Act) and Franchises Regulation (the Regulation) have been proclaimed into force with an effective date of October 1, 2012. On and after that date, franchisors granting franchises to be...more
Revised Measures Require More Disclosure and Confidentiality in China Franchising by Bryan Cave on 5/2/2012 On February 23, 2012, the Ministry of Commerce of the People’s Republic of China promulgated the revised Measures for the Administration of Information Disclosure of Commercial Franchises (“Revised Measures”). When the...more
Franchising in Spain: The Whys and Hows by Antonio Viñal on 4/19/2012 Why franchise in Spain? With Expofranquicia, Spain's main franchise fair, just around the corner, it's a good time to get acquainted with one of the leading franchise markets in Europe. Plus, Spain is a great platform for...more
Where’s the “Beef”? Sublicensing Qualifies for Virginia Addback Exception by Sutherland Asbill & Brennan LLP on 4/18/2012 On March 29, 2012, the Circuit Court of the City of Richmond held that an exception to Virginia’s related party addback statute applied to licensing arrangements that included a sublicensor. Wendy’s International, Inc. v....more
Where’s the Beef? Virginia Circuit Court Allows Wendy’s to Claim Exception to Addback for Royalties Paid to Affiliate by Reed Smith on 4/18/2012 A new opportunity may exist for franchisors to claim an exception to Virginia’s royalty addback statute based on a recent Circuit Court decision. In Wendy's International Inc. v. Virginia Dep't of Taxation, decided March...more
Sutherland Salt Shaker - April 2012 by Sutherland Asbill & Brennan LLP on 4/13/2012 In This Issue 2 SALT Pet of the Month; 5 Professor Hellerstein’s Office Hours; 9 California Screaming; and 9 Policy Wonk. Sub Articles: A Swing and a Miss: Maryland Court Defines “Final” for Purposes of Statute of...more
Franchise Review - March 2012: Best Practices by Osler, Hoskin & Harcourt LLP on 4/3/2012 For our first newsletter of 2012, we thought it might be timely to look back at the many developments we have seen in franchise agreement and franchise disclosure document preparation in the past few years. Specifically, and...more
Franchising in the Courts by Osler, Hoskin & Harcourt LLP on 4/3/2012 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
Distribution Law Franchise - Franchise law in Belgium Part 1 Unilateral termination of franchise agreements.pdf by Kocks & Partners Rechtsanwälte Belgien on 3/27/2012 In this first article in a series of selected topics on franchise law in Belgium, we will have a closer look on the possibilities for parties to a franchise agreement to unilaterally terminate this franchise agreement under...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