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Franchise & Distribution News - June 2014

In This Issue: - NEW FRANCHISE LEGISLATION IN CANADA: British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation when the British...more

Belgium: modified rules on pre-contractual information affect franchise agreements in Belgium – existing as well as future

Book X of the Belgian Economic Code concerning agency agreements, commercial collaboration agreements and distribution agreements is now in force. All franchisors will be affected, but those with existing franchise...more

Doing Business in Canada: Forms of Business Organization

The first issue facing foreigners setting up a business in Canada is the type of entity which should be used to operate the business. Among the most commonly used are: • Canadian corporations • Unlimited liability...more

An Export Plan Should Include the Consideration of U.S. Distribution Laws if Selling Into the United States Through Sales...

A Canadian or other foreign company looking to obtain a presence in the U.S. market without having to set up its own U.S. sales operation may consider using intermediariesn such as independent distributors and sales...more

Here we go again: Australian government releases draft amendments to the Franchising Code of Conduct

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

Taking The Leap: Bringing A Foreign Brand To The United States

Increasingly, franchise concepts that begin in one country soon find that expansion involves not only domestic growth, but also development in other jurisdictions including the United States. Over the past decade, advances in...more

Hospitality And Leisure Franchising And Industry Innovation

Introduction - In previous years this publication has given an insight into the asset light strategies of global hotel operators, an overview of some of the trends in hotel franchising and provided a brief...more

Franchising Update - February 2014

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

Global Connection - November 2013

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

More on Choice of Law Provisions in International Contracts

I would like to build on the previous posts of my colleagues Vicky Saxon and Dave Reed regarding choice of law and, in particular, choice of New York law. Desperate for a blog topic? Perhaps....more

The GPMemorandum, Issue 173 (International Issue)

In this Issue: - South Korea Adopts Franchisee Protectionist Legislation: In an apparent response to increased competition within certain segments of the restaurant and bakery industries, the Korean National...more

The orphaned unit franchisee: how to manage them after termination of a master franchise relationship

When designing an international multi-unit franchise relationship, it is beyond question that the most important factor is choosing the right international partner. Once you believe that you have found that ideal partner you...more

Franchise Review Oct 2013 - Frequently Asked Questions: Can I use my U.S. Franchise Disclosure Document in Canada?

The franchise legislation of Alberta, Prince Edward Island, New Brunswick and Manitoba each contain a provision permitting delivery of a document prepared for another jurisdiction, provided that it is supplemented with any...more

Top fashion legal topics – #2 special rules for foreign franchisors in Italy

As part of the series of posts on the most relevant legal matters affecting the fashion industry, we discussed about wearable technologies and privacy while in this post we want to cover the issue of franchising agreements...more

Australia: Commonwealth Government Responds To The Review Of The Franchising Code Of Conduct

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

Hospitality And Leisure: Franchising And Industry Innovation (Asia)

The majority of hotels operate under a global brand either owned by the operator, leased by the operator, run by the owner (or its manager) under franchise or run by an operator on behalf of the owner under a management...more

Agency, franchise and distribution agreements in Angola

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

No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’...

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

Enforcing Contractual Indemnity Litigation Against Chinese Companies

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

Franchising in Spain: 2012 in Review

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

Lessons Learned from the BizJet Executives FCPA Enforcement Actions [Video]

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

ZVertriebsR - Zeitschrift für Vertriebsrecht - Christoph Kocks und Uta Bröckerhoff "Die Anwendung des Gesetzes über...

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

Best Practices - April 2013

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

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 Portugal: Pass on the Secret

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

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