Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.
FCPA Compliance and Ethics Report-Episode 18-Walmart-Be a Leader in Compliance
FCPA Compliance and Ethics Report-Episode 15-GSK in China: a Game Changer in Compliance
Partnership and Similar Agreements - Douglas W. Lubic, Esq.
Before committing to a franchise business, consider...
Lessons Learned from the BizJet Executives FCPA Enforcement Actions
Craft Beer Boom in Michigan
Record-setting Dodgers Sale Sets High Price For Mets Franchise
Franchisors that have developed successful programs in their home countries will frequently consider expansion opportunities in other countries. In the past, the U.S. was not necessarily an attractive venue in light of the...more
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
In the '90s, we witnessed efforts by franchisee rights advocates to introduce federal franchise legislation to protect franchisee interests in their relationships with franchisors. In connection with the FTC reviewing and...more
Last month the Supreme Court of Ohio helped clarify an oft-litigated feature of the state’s beer and wine “franchise” law. Like most such enactments, Ohio’s franchise law (the “Ohio Alcoholic Beverages Franchise Act”)...more
Last fall the Federal Trade Commission brought cases against a software developer and rent-to-own stores that secretly monitored people in their homes. The developer provided the stores with software that had a “Detective...more
FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD -
In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more
Antitrust lawyers well know that price discrimination claims under the Robinson-Patman Act (RPA) can be very difficult to win. For example, going as far back as 1953, the Supreme Court has held that there is no buyer...more
The Australian Government has released its response to the review of the Franchising Code of Conduct (Report) and has accepted in full or in principle the majority of recommendations made by the independent reviewer and...more
As all California antitrust lawyers know, California’s principal antitrust statute is the Cartwright Act. The Act “generally outlaws any combinations or agreements which restrain trade or competition or which fix or control...more
The movies are replete with accidental relationships that entertain and amuse. Remember Geena Davis in The Accidental Tourist, or Jackie Chan’s The Accidental Spy? Unlike Hollywood stars, real life entrepreneurs can find...more
The FTC’s amended definition of “creditor” within the Red Flags Rule is now in effect.
The definition is narrower in scope, but under it, a franchisor may still qualify as a “creditor.” For instance, if you use a...more
On Friday May 17 2013, the Australian Government released the latest in a long line of Federal and State enquiries into the regulation of franchising in Australia....more
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
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
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
In This Issue:
Introduction; Class Action Practice Developments; Common Issues Trials; Class Actions in Quebec; Securities Class Actions; Competition Class Actions; Product Liability Class Actions; Franchise Class...more
FRANCHISING PRIMER -
I. INTRODUCTION -
A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more
Originally published in Nevada Business Magazine on 1/1/2013.
Are you operating a franchise system without realizing it? If you are licensing to others the right to use your trademark for a fee, the answer could be yes....more
In This Issue:
- Franchisor 101: FTC Updates Definition of "Exclusive Territory"
- Franchisee 101: No Franchise If You Don't Pay A Fee
- Barry Kurtz Honored As 2013 Super Lawyer
What is the current state of Canadian law regarding pricing practices between franchisors and franchisees?
While the practice of price maintenance has been reduced from a criminal offence to a reviewable practice under...more
The Federal Trade Commission’s recent lawsuit against Wyndham Worldwide may mark the beginning of FTC enforcement actions targeting franchise systems through allegations of customer data security vulnerabilities in...more
Deriving maximum cost efficiency from the supply chain is a critical operational issue for multinational enterprises (MNEs) in certain regions. As taxation is typically one of a group’s largest costs, supply chain...more
The Federal Trade Commission has expanded the definition of a “business opportunity” to include work-at-home opportunities in a new Business Opportunity Rule that also simplifies the required disclosures to one page plus...more
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
In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more