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Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors

Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1...more

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

Business Law Newsletter - Septermber 2014

In This Issue: - Monkeying around with Copyright Laws - Who can Own a Copyright? - Restrictions in Franchise Agreements Narrowly Construed - The Eight Corners Rule and the District of Columbia -...more

Restrictions in Franchise Agreements Narrowly Construed

Virginia’s public policy in favor of freedom of contract is well established. It may be most conspicuously evidenced by the Supreme Court of Virginia’s increasingly narrow construction of post-contract employment restrictions...more

Focused on Franchise Law - August 2014

FRANCHISOR 101: NLRB McDonald's Ruling May Put Crimp on Franchising - On July 29, 2014, the general counsel of the National Labor Relations Board (NLRB) stated that McDonald's could be held jointly liable with its...more

The GPMemorandum, Issue 183

In This Issue: - Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case: Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has...more

Focused on Franchise Law - June 2014

FRANCHISEE 101: Unsigned Franchise Agreement Binds Franchisee's Shareholder - Texas Appeals Court recently held in Pritchett v. Gold's Gym Franchising, LLC that a Texas forum-selection clause in a Franchise Agreement...more

Focused on Franchise - April 2014

FRANCHISEE 101: Terminated Franchisee Can Pursue Fraudulent Disclosure Claims - In Solanki v. 7-Eleven, Inc., a U. S. District Court in New York ruled that a terminated 7-Eleven franchisee who decided to purchase a...more

Top Six Frequently Asked Questions About the AODA for Franchisors and Franchisees

In Ontario, the Accessibility Directorate of Ontario has been increasingly active in pursuing enforcement actions against organizations that have not complied with their requirements under the Accessibility for Ontarians with...more

Franchisor Liability For Franchisee Employees: Damn Weasels

Weasel words, not epithets for employees with legal claims, are the problem. “…[C]ourts have been nearly uniform in holding that a franchisor should not be deemed to be an ‘employer’ … when plaintiff works for an...more

Focused on Franchise Law - March 2014

FRANCHISOR 101: Franchisee Not Bound by Arbitration Provision - In March 2013, Edison Subs, LLC, a Subway franchisee/transferee, filed a complaint in New Jersey against Subway and Aliya Patel (the original...more

The GPMemorandum, Issue 176

In This Issue: - Missouri District Court Upholds Termination Of Franchise Based On Fraud: The United States District Court for the Eastern District of Missouri recently upheld a franchisor’s decision to...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

Focused on Franchise Law - November 2013

FRANCHISOR 101: FRANCHISE AGREEMENT LEAVES PRETZEL FRANCHISEE TWISTED - Post-termination non-compete covenants are not always enforceable by franchisors against terminated franchisees-it depends on the state and the...more

Franchise Review Oct 2013 - Manitoba Becomes the Fourth Province to Enact Private Sector Privacy Law

On September 13, 2013, Manitoba’s Personal Information and Identity Theft Prevention Act (PIITP) received royal assent. Under the authority of the Manitoba Ombudsman’s Office, this legislation, once in force, will govern the...more

Focused on Franchise Law - September 2013

FRANCHISOR 101: FRANCHISOR NOT LIABLE FOR ACTIONS OF FRANCHISEE'S MANAGERS - Cortland, a former bartender, sued GECP-Sunrise, LLC, a Buffalo Wild Wings franchisee, and its franchisor, Buffalo Wild Wings, Inc., claiming...more

The GPMemorandum, Issue 168

In This Issue: - Court Finds Employee’s Wage And Hour Claim Falls Within Arbitration Provision Of Online Employment Application: A federal court in Illinois found that an arbitration agreement in a...more

IFA Legal Symposium Report

For our readers who did not attend the early May International Franchise Association Legal Symposium held in Washington, we pass along these observations...more

Franchising in Quebec - April 2013

Bill 14 Amending the Charter of French Language: The Implications for Québec SMEs - On December 5, 2012, the National Assembly of Québec introduced Bill 14, an Act to amend the Charter of the French language, the...more

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

Virginia Non-Competition Law After Home Paramount

The 2011 Virginia Supreme Court decision in Home Paramount Pest Control Companies, Inc. v. Shaffer turned Virginia non-competition law upside down. As I discussed more fully in a prior article, Home Paramount established a...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Increase In Wage and Hour Lawsuits

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Wage Rounding Policies for California Employers

If your company rounds employee work time up or down as part of its record keeping and time tracking procedures for calculating hours and pay, a recent California appellate court provided additional support for the general...more

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