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Angola has become the go-to destination for all kinds of companies in recent years. With high GDP growth rates and plenty of natural resources, trade figures have reached impressive numbers. However, business needs a solid...more
In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada...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
Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more
With Madrid's annual franchise fair just around the corner, now is a good time to analyze what 2012 was like for the franchise sector in Spain. A solid performance overall, especially strong for Spanish franchises abroad....more
BizJet self-disclosed to the DOJ, engaged in what the DOJ termed “extraordinary cooperation” and remediated the people and conduct in question. Further, DuBois and Uhl not only offered themselves up but actively worked with...more
RA Christoph Kocks und RÄin Uta Bröckerhoff Die Anwendung des Gesetzes über vorvertragliche Informationen auf Franchiseverträge in Belgien Einleitung Das Gesetz vom 19. Dezember 2005 über vorvertragliche Information im...more
Keeping Up with Franchise Law in Canada - Osler’s Franchise Group is featured in an “Editorial Gem” in an exciting new book, Great Canadian Franchise Stories, written by Dawn Mucci and Felicia Pizzonia. The title of...more
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
Although it may seem at first sight a small market to get into, there are many potential rewards when developing a franchise in Portugal: a good apetite for new concepts and ideas, a common language spoken by over 250 million...more
The firm often receives calls asking about the price of X, where "X"is, say, forming an "LLC." This question presents a number of issues; for example: How do you know you need "X?" Who are you? What problem are you...more
I have worked for and with a number of companies that may seem to have lost their compliance path and have become embroiled in a lengthy Foreign Corrupt Practices Act (FCPA) or UK Bribery Act investigation. They may need to...more
Originally published in the International Journal of Franchising Law (Volume 10 – Issue 4 – 2012). This article provides a comprehensive analysis of international franchising structures – direct franchising, exclusive...more
In This Issue: Settlement Agreements: Steps to Protect Enforceability; In or Out? A Bold Re-Opening of the Opt-Out Period in a Franchise Class Action; What Happens When an Ontario Franchise Disclosure Document is...more
Should the regulators process be shrouded in mystery or should there be disclosure into the light of day? That is a question currently before authorities in London. As reported in the Financial Times (FT) column Inside...more
Die grundsätzlich verschiedenen Ergebnisse in zwei Streitfällen nach niederländischem und belgischem Recht hinsichtlich der quasi identischen Sachlage (der Prinzipal beabsichtigt, sein Verkaufsnetzwerk umzugestalten), finden...more
The Democratic Republic of Congo (DRC) has recently acceded to OHADA (“Organisation pour l'Harmonisation en Afrique du Droit des Affaires”), which will render OHADA legislation applicable in the DRC in September 2012. This...more
Last week I began an exploration of the Pfizer Deferred Prosecution Agreement (DPA) which was announced last week by the Department of Justice (DOJ) in connection with its settlement of Foreign Corrupt Practices Act (FCPA)...more
I once heard James Baker say that the only way to know how a person will perform as President of the United States is by being President. In other words, there is no way to test how a person will respond to the stresses and...more
Für den Abschluss von Alleinvertriebsverträgen und die Regelung der Rechte und Pflichten der Parteien gilt in Belgien der Grundsatz der Vertragsfreiheit. Die Parteien werden in der Ausgestaltung ihres Rechtsverhältnisses...more
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
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
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
Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011), involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway....more
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
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