Franchise Law | JD Supra

Reach of New Jersey Franchise Practices Act Continues to Expand

by Thomas Goodwin, Joanne Wilcomes | McCarter & English: Climate Change &... on 5/13/2013

On March 13, 2013, the United States District Court, District of New Jersey, in Strassle v. Bimbo Foods Bakeries Distrib., Inc., No. 12-3313 (Mar. 13, 2013), held that a distribution agreement may be subject to the New Jersey...more

Enforcing Contractual Indemnity Litigation Against Chinese Companies

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

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

by Antonio Viñal on 5/9/2013

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

Intra-class Debate Permissible During Opt-Out Period: 1250264 Ontario Inc v Pet Valu Canada Inc

by Michael Eizenga, Christiaan Jordaan | Bennett Jones LLP on 5/8/2013

On May 3, 2013, the Ontario Court of Appeal released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of communications among class members during the “opt-out” period when class...more

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

by Jennifer Dolman, Mary Paterson, Gillian Scott | Osler, Hoskin & Harcourt LLP on 5/7/2013

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the...more

Recent Developments in New York's Taxation of Unauthorized Life Insurers

by Stanley Kaminski, Hugh T. McCormick | Duane Morris LLP on 5/3/2013

Prior to 2012, New York afforded surprisingly favorable tax treatment to life insurance companies that are not licensed to conduct business in New York ("unauthorized life insurers"), but that owned real estate investments in...more

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

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

by Thomas Fox on 4/18/2013

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

Focused on Franchise Law - April 2013

by Barry Kurtz on 4/17/2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Creative Contractual Strategies for a Highly Competitive Market - Baker & McKenzie

by Graeme Dickson | Baker & McKenzie Australia on 4/17/2013

Introduction - Over the last few months, we have witnessed a significant uptick in activity in relation to management agreement negotiations both in Australia and elsewhere. ...more

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

by Kocks & Partners Rechtsanwälte Belgien on 4/16/2013

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

Franchise Review - April 2013: Frequently Asked Questions

by Osler, Hoskin & Harcourt LLP on 4/15/2013

Are there risks for a franchisor that is involved in a franchisee’s employment practices? Yes. A franchisor’s involvement in a franchisee’s employment practices could result in the franchisee being considered an...more

Best Practices - April 2013

by Frank Zaid | Osler, Hoskin & Harcourt LLP on 4/12/2013

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 Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

by Osler, Hoskin & Harcourt LLP on 4/11/2013

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

by Ali Law Practice LLC on 4/10/2013

One trend is clear: more and more retailers are accepting payment through so-called "mobile wallets" in lieu of traditional plastic credit cards. Experts predict that in coming years, the local and global market for mobile...more

Franchising in Quebec - April 2013

by Nathalie Beauregard | Osler, Hoskin & Harcourt LLP on 4/10/2013

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

Franchising in Ontario - April 2013

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

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

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

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/9/2013

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

Franchising in the Courts - April 2013

by Gillian Scott | Osler, Hoskin & Harcourt LLP on 4/8/2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: The Applicability and Limits of the Duty of Good Faith - Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key...more

Franchise Legislation - Is British Columbia Next in Line for Franchise Legislation?

by Dominic Mochrie | Osler, Hoskin & Harcourt LLP on 4/5/2013

Proposed franchise legislation featured prominently in “An Agenda for Justice,” a report recently released by the British Columbia Branch of the Canadian Bar Association (CBA). The document, released on February 5, 2013 in...more

California Bill Would Expand Liability For Securities Fraud, Impose New Fees, Expand Commissioner’s Powers

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/5/2013

In late February, Senator Jerry Hill introduced a bill, SB 538, to substantially amend the Franchise Investment Law. A few days later, the bill was read for the first time and set for hearing by the Senate Banking and...more

March 2013 - SALT Shaker Newsletter

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Sahang-Hee Hahn, Jessica Kerner, Pilar Mata, more +Kathryn Pittman, David Pope, Jack Trachtenberg | Sutherland Asbill & Brennan LLP on 4/1/2013

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Legal Alert: A Royal Opportunity: Amendments to New York’s Royalty Expense Add-back Statute Leave the Income Exclusion Intact for...

by Sutherland Asbill & Brennan LLP on 3/29/2013

On March 28, 2013, the New York State Legislature passed budget legislation (S.2609D/A.3009D) that replaces the existing New York State and City related - party royalty add - back requirements with provisions based on the...more

Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights

by Peter Ellis, Diane Green-Kelly, Leonard Hudson | Reed Smith on 3/26/2013

The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment...more

Craft Beer Boom in Michigan [Video]

by Miller Canfield on 3/25/2013

Michigan is going through a significant boom in its alcoholic beverage manufacturing. In a video produced by Crain's Detroit Business and Miller Canfield, lawyer Joe Infante discusses what this means for Michigan and...more

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Franchise Law Updates

Reach of New Jersey Franchise Practices Act Continues to Expand

Enforcing Contractual Indemnity Litigation Against Chinese Companies

Franchising in Spain: 2012 in Review

Intra-class Debate Permissible During Opt-Out Period: 1250264 Ontario Inc v Pet Valu Canada Inc

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

Recent Developments in New York's Taxation of Unauthorized Life Insurers

Franchising Newsletter – April 2013

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

Focused on Franchise Law - April 2013

Creative Contractual Strategies for a Highly Competitive Market - Baker & McKenzie

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

Franchise Review - April 2013: Frequently Asked Questions

Best Practices - April 2013

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

Mobile Wallet Systems May Be a Boon for Sales, But What Are the Risks?

Franchising in Quebec - April 2013

Franchising in Ontario - April 2013

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

Franchising in the Courts - April 2013

Franchise Legislation - Is British Columbia Next in Line for Franchise Legislation?

California Bill Would Expand Liability For Securities Fraud, Impose New Fees, Expand Commissioner’s Powers

March 2013 - SALT Shaker Newsletter

Legal Alert: A Royal Opportunity: Amendments to New York’s Royalty Expense Add-back Statute Leave the Income Exclusion Intact for...

Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights

Craft Beer Boom in Michigan [Video]

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

Craft Beer Boom in Michigan [Video]

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