Franchise Law

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News & Analysis as of May 25, 2013

Best Practices in Drafting Corporate Shareholder Agreements

by Peter Bauman - Senior Associate at Tharpe &... on 1/10/2013

Corporate shareholder agreements are vital for many companies with more than one shareholder, especially non-public companies with a limited number of persons owning shares. The shareholder agreement typically details the...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

by Peter Bauman - Senior Associate at Tharpe &... on 12/31/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 12/26/2012

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

Use Your Phone To Pay For Products And Services

by Robert Freedman - Partner at Tharpe & Howell,... on 11/29/2012

Businesses trying to stay ahead of the curve, and jumping on any possible competitive advantage, may now be looking towards the revolution in the payment process. Cash was once (maybe still is) king. Barter has been around...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

by Robert Freedman - Partner at Tharpe & Howell,... on 11/14/2012

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

Responding To A Corporate Crisis

by Robert Freedman - Partner at Tharpe & Howell,... on 11/12/2012

A corporate crisis can arise without warning and from many causes. A journalist writes a story about exploited workers at a foreign factory where the company manufactures product. The CEO is charged with sexual...more

Lawsuit Against Airline Over Misleading Fees

by Robert Freedman - Partner at Tharpe & Howell,... on 10/9/2012

Companies often charge additional fees that increase the final cost of a product or service. In some industries, such as telecommunications and airlines, fees imposed by the government may be passed on to consumers. In...more

Does a Franchisor have an Obligation to Maintain Brand Strength?

by Osler, Hoskin & Harcourt LLP on 6/28/2012

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

Case Study - Trade Dress Infringment

by Robert Vantress on 7/31/2009

Companies can protect their overall style, products or packaging or "look and feel" from imitators under trade-dress, a less known but possibly a more powerful way to protect brand equity. If implemented and enforced...more

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