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
Subfranchising is one of three multi-unit franchise structures that the North American Securities Administrators Association, Inc. (NASAA) addressed in their Multi-Unit Commentary, which was the subject of an earlier post. ...more
In Georgia, when a convenience store chain both owns and operates a location, it should lease business operations to a separate legal entity to maximize recovery in the event of a partial condemnation.
The Safe Foods for Canadian Act (the Act), which received Royal Assent in November 2012, set the stage for important changes to Canada’s food safety system. The Act is expected to come into force at the beginning of 2015, and...more
British Columbia continues along the path towards franchise legislation, albeit at a glacial pace. In late March, the British Columbia Law Institute (BCLI), a law reform research organization, published its Report on a...more
Many are up in arms following a memorandum issued by the General Counsel of the National Labor Relations Board (NLRB) authorizing employees of a national restaurant chain to argue that the franchisor is jointly responsible...more
Franchising is a flexible, tried and true method of distributing products and services and offers business owners an alternative avenue to expand their already successful businesses. One immediately thinks of McDonalds or...more
In a previous post, we considered whether guarantors are considered to be “applicants” under the Equal Credit Opportunity Act (the “ECOA”), and today, we will consider whether assignees who acquire debt would be subject to...more
To the surprise of many, California Governor Jerry Brown has vetoed the proposed changes to California’s franchise laws that were discussed in our Client Alert on August 28, 2014. In his veto message, Governor Brown...more
According to public releases by Jimmy John’s (the sandwich shop franchisor) and Signature Systems (the point of sale (POS) system provider for 216 Jimmy John’s locations), malware was installed on those POS systems through...more
The Georgia Court of Appeals recently upheld a judgment entered on a jury verdict against a franchisor for violating the Federal Trade Commission’s Franchise Rule, 16 CFR Parts 436 and 437 (the FTC Rule), finding that the FTC...more
CONGRATULATIONS! You’ve spent years building your business, developing a loyal following, and honing your operations into a replicable format. You own two, three or maybe ten different locations, all profitable, and...more
Hotel Lawyer: New Uniform System of Accounts will affect your hotel management and franchise agreements. Are you ready?
Commencing January 1, 2015, the hotel industry will have a new, significantly revised set of...more
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
A recent decision in Allegra Holdings, LLC v. Davis demonstrates that courts are enforcing forum selection clauses in favor of out-of-state franchisors and against in-state franchisees, notwithstanding franchise anti-waiver...more
Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1...more
Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more
We live in one of the world fashion capitals, waiting every year for the new Milan fashion week as an opportunity to cover in our blog some of the top current legal issues impacting the fashion sector....more
In This Issue:
- Monkeying around with Copyright Laws - Who can Own a Copyright?
- Restrictions in Franchise Agreements Narrowly Construed
- The Eight Corners Rule and the District of Columbia
Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property....more
Just as summer is coming to a close, the battle between Mister Softee and Master Softee appears to be heating up. Mister Softee is a family-owned business that has been in operation since 1956. It is the franchisor for the...more
Virginia’s public policy in favor of freedom of contract is well established. It may be most conspicuously evidenced by the Supreme Court of Virginia’s increasingly narrow construction of post-contract employment restrictions...more
A bill on the verge of becoming law in California will sharply narrow the grounds for termination of franchises in that state, and may require re-examination of the terms of franchise agreements. Existing California law bars...more
India recently staged the largest free democratic election in world history, bringing to power the National Democratic Alliance, led by the Bharatiya Janata Par ty, and with it a fresh sense of optimism about India’s economic...more
Competitors of all kinds know home court advantage helps them win. Home court advantage refers to the psychological, procedural and logistical edge gained by competing in a familiar setting, where one has better knowledge of...more
FRANCHISOR 101: NLRB McDonald's Ruling May Put Crimp on Franchising -
On July 29, 2014, the general counsel of the National Labor Relations Board (NLRB) stated that McDonald's could be held jointly liable with its...more
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