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Communications & Media Franchise

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Accountant and Attorney Liability NewsBrief - Summer 2017

by LeClairRyan on

Compliance programs - policies and procedures designed to prevent violations of laws,c rules and regulations – have become a big deal. That’s because government regulators and enforcers closely scrutinize companies that...more

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

by Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

by Lewitt Hackman on

Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

McDonald’s Canada’s Job Site Hacked

McDonald’s Canada has shut down its careers webpage following a breach that occurred in mid-March. A hacker gained access to the jobs section of its website and compromised the personal information, including names,...more

November 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

FCPA Compliance and Ethics Report-Episode 276-Regulator Evolution [Video]

by Thomas Fox on

In this episode Red Flag Group CEO Scott Lane and I discuss how regulators thinking on best practices compliance programs has evolved. ...more

Are you ready? Ontario's Healthy Menu Choices Act in effect January 2017 - key highlights

by DLA Piper on

The Ontario Healthy Menu Choices Act, 20151 and its regulation2 become effective January 1, 2017. The Act, which received Royal Assent in May 2015, sets out the parameters for menu labeling when a food establishment has 20...more

Spotlight on Tennessee: Forced Franchise/Excise Tax Variance Upheld by Supreme Court

by Baker Donelson on

On March 23, 2016, the Tennessee Supreme Court issued its much-awaited decision in the case of Vodafone Americas Holdings, Inc. et al. vs. Tennessee Commissioner of Revenue....more

Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds

An out-of-state franchisee sought to escape the reach of the Massachusetts District Court in a breach of contract and trademark infringement litigation filed by its Massachusetts-based franchisor. But, the parties quickly...more

PEG Fees Set by Ordinance Under California Video Franchise Law Are Not Taxes Subject to Prop. 26

by Best Best & Krieger LLP on

State AG Opinion Could Positively Impact Many Local Governments - The referendum requirements of Proposition 26 do not apply to public, educational and governmental access fees established by local ordinance pursuant to...more

Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation,...more

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

by Lewitt Hackman on

One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

Cuba Si! Trade With Cuba … Not Quite Yet

by Davis Wright Tremaine LLP on

There has been much fanfare surrounding the reestablishment of diplomatic relations with Cuba, starting with President Obama’s announcement of the resumption of bilateral relations, and followed by the formal establishment of...more

DOL Wage and Hour Division to "Clarify" FLSA Independent Contractor Definition

by Franczek Radelet P.C. on

The DOL’s Wage and Hour Division expanded its already busy agenda, announcing upcoming guidance on the Fair Labor Standards Act’s definition of “independent contractor.” WHD Administrator David Weil, speaking at New York...more

Municipal Cable Franchise Transfer Toolkit

by Best Best & Krieger LLP on

A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve...more

FCC Clarifies That Competitive Cable Franchising Rules Do Not Preempt State Franchising Laws, And Affirms Application Of Its 621...

by Davis Wright Tremaine LLP on

Nearly eight years after issuing its so-called “621 Order” limiting local governments’ actions and authority over competitive cable franchising, and its 2007 Second Report and Order which extended to incumbent cable operators...more

Hospitalitas Newsletter - Winter 2014

by Baker Donelson on

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

Microsoft’s New Battle: Toads

by Winthrop & Weinstine, P.A. on

It isn’t often that Forbes and Arcade Sushi are reporting on the same story. But some news is so big, so ground breaking, and so important that all media outlets cannot, in good moral consciousness, fail to comply with their...more

The Largest Global Franchise Brands Are U.S. Restaurants

by LeClairRyan on

Franchising fared respectably in a recent rating of the most valuable worldwide brands across all industries. McDonald’s was rated among the ten most valuable worldwide brands in Interbrand’s 15th annual Best Global Brands...more

Brand Standards Are for Everyone

by Nexsen Pruet, PLLC on

Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

Joint Employers Under NLRB Law

by Snell & Wilmer on

A. Introduction - Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more

Ninth Circuit Weighs in on When Franchisors May Be Liable for Franchisees' Unlawful Text Messaging Campaigns

by Faegre Baker Daniels on

In Thomas v. Taco Bell Corp.,[3] a franchisee association planned a promotion in which text messages were sent to 17,000 people in the Chicago area to promote a local sweepstakes contest. The lower court dismissed the case...more

CPUC Adopts Rules for Renewal of State Video Franchises

by Best Best & Krieger LLP on

Commission Decides Streamlined Process Required by DIVCA - The California Public Utilities Commission has concluded its rulemaking proceeding and adopted streamlined rules that holders of state video franchises (such as...more

Doing Business in Canada: Marketing & Labeling Legislation

MARKETING & LABELING LEGISLATION - In Canada, the federal Competition Act prohibits certain marketing activities, which include: • Resale price maintenance • Predatory pricing • Price discrimination •...more

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

by Dickinson Wright on

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

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