Communications & Media Law, Franchise Law

Franchising Newsletter – April 2013

by Kathy Dalton, Murray Deakin, Sam Jackson, J. Michael Keyes, Michaela Moloney, Sylvia Ng, Chris Nikou, Anna Trist | K&L Gates LLP on 5/2/2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

Franchising Update - Febuary, 2013

by Murray Deakin, Chris Nikou, Anna Trist | K&L Gates LLP on 2/13/2013

This edition of our Franchising Update includes the following articles: - The recently announced review of the Franchising Code. - The Pie Face dispute – misleading information or inadequate due...more

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

FTC Green Marketing Guides

by Robert Freedman - Partner at Tharpe & Howell,... on 12/6/2012

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

Economic Forecast For Slow Growth

by Robert Freedman - Partner at Tharpe & Howell,... on 12/5/2012

Two major conclusions are found in a recent survey of economists by the Wall Street Journal: 1. Slow growth over the coming year 2. A recession is unlikely As reported by the Los Angeles Times, the survey of 48...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

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

by Robert Freedman - Partner at Tharpe & Howell,... on 11/2/2012

The City of Los Angeles took another step towards granting exclusive franchises for commercial trash hauling within the City, franchises that would also cover large apartment complexes. Under a plan approved by two City...more

Corporate Sustainability and Social Entrepreneurship: Part Four

by Robert Freedman - Partner at Tharpe & Howell,... on 10/31/2012

Fourth in a Series of Articles We began this series of articles by asking tough questions: Do corporations exist solely to maximize shareholder value and profit? Or do corporations also exist to serve a broader...more

CDFI Loans For Small Business

by Peter Bauman - Senior Associate at Tharpe &... on 10/29/2012

Small business often finds it difficult to borrow money for operations and growth from commercial banks or other traditional sources of financing. This is especially true in economically distressed communities. Government...more

Use Your Phone To Pay For Products And Services

by Peter Bauman - Senior Associate at Tharpe &... on 10/24/2012

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

Corporate Sustainability and Social Entrepreneurship Part Two

by Robert Freedman - Partner at Tharpe & Howell,... on 10/17/2012

As a purely legal matter, corporate sustainability and social entrepreneurship require that we begin by asking the following question: Does the law of corporate governance permit social good as a primary focus and aim of...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

Corporate Sustainability and Social Entrepreneurship: Part Four

by Peter Bauman - Senior Associate at Tharpe &... on 9/18/2012

Fourth in a Series of Articles We began this series of articles by asking tough questions: Do corporations exist solely to maximize shareholder value and profit? Or do corporations also exist to serve a broader...more

FTC Targets “Up To” Claims

by Robert Freedman - Partner at Tharpe & Howell,... on 9/18/2012

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable. Of course, what seems...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

Advertising News & Analysis - June 14, 2012

by Venable LLP on 6/18/2012

In this issue: - FTC Amends Franchise Rule Disclosure Thresholds - Ben Stein / Kyocera Suit Latest Front in Endorsement Contract Wars - ICANN Unveils List of gTLD Applications - Upcoming Events An...more

The A.R.T. of Franchising: Advice - Reminders - Tips - May 2012

by Jackson Walker on 5/25/2012

Dear Franchisor, I hope you enjoy this edition of Jackson Walker's ART of Franchising newsletter. As always, our intention is to provide you with timely and easy-to read franchise advice, reminders and tips, so that, as...more

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

Focus on Franchise Law - November 2011

by Dentons on 11/18/2011

In This Issue: 1 OLF Targets the Use of English on Commercial Signage in Quebec 2 Contact Us Excerpt From OLF Targets the Use of English on Commercial Signage in Quebec This week the Office québécois de la...more

Cold Stone Creamery and Its Franchisees Take Joint Action Against Negative Publicity: A Behind-the-Scenes Look

by Snell & Wilmer L.L.P. on 11/3/2011

Reprinted and/or posted with the permission of the American Bar Association, Fall 2011, Vol. 14, No. 4 A strong brand can be a franchise system’s most valuable asset. A strong brand may allow franchisors to maintain...more

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Communications & Media Law › Franchise Law

Franchising Newsletter – April 2013

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

Franchising Update - Febuary, 2013

Best Practices in Drafting Corporate Shareholder Agreements

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

Increase In Wage and Hour Lawsuits

FTC Green Marketing Guides

Economic Forecast For Slow Growth

Use Your Phone To Pay For Products And Services

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

Responding To A Corporate Crisis

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

Corporate Sustainability and Social Entrepreneurship: Part Four

CDFI Loans For Small Business

Use Your Phone To Pay For Products And Services

Corporate Sustainability and Social Entrepreneurship Part Two

Lawsuit Against Airline Over Misleading Fees

Corporate Sustainability and Social Entrepreneurship: Part Four

FTC Targets “Up To” Claims

Does a Franchisor have an Obligation to Maintain Brand Strength?

Advertising News & Analysis - June 14, 2012

The A.R.T. of Franchising: Advice - Reminders - Tips - May 2012

Franchise Review - May 2012: Franchising in Quebec

Focus on Franchise Law - November 2011

Cold Stone Creamery and Its Franchisees Take Joint Action Against Negative Publicity: A Behind-the-Scenes Look

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