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
In 2337310 Ontario Inc. v. 2264145 Ontario Inc. (DeliMark), the Ontario Superior Court of Justice concluded that the head lease for the franchisee’s particular premises ought to have been disclosed prior to the franchise...more
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
In A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (Seventh Cir. 2014), Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the...more
Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more
Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client,...more
Most branded hotel properties are operated under franchise agreements which are long documents with lots of fine print. They are usually presented to owners as "non-negotiable." This brand position is justified on the basis...more
In previous years this publication has given an insight into the asset light strategies of global hotel operators, an overview of some of the trends in hotel franchising and provided a brief...more
Key issues for buyers and sellers of branded hotels operating under franchise agreements.
Buying or selling a hotel operating under a brand name requires special attention – the existing franchise agreement will be...more
Whether you call them Hoagies, Heroes or Grinders, here are some key lease issues that sandwich shops operators need to think about:
- Permitted Use: Your permitted use clause limits what you can do in your premises. ...more
In-N-Out Burger, the quintessentially Californian burger chain, will open its first restaurant on tribal land in early 2014 at the Morongo Casino on the Morongo Indian Reservation on the heavily trafficked Interstate 10. The...more
Tenants seek co-tenancy rights while landlords are reluctant to grant them. Tenants often rely on a certain tenant mix of national or regional tenants to be a draw for customers to visit the shopping center. But what happens...more
Just saw two new lawsuits filed against hotels under the recently-effective pool lift regulation. Both lawsuits were filed on May 20—one in federal court in Minneapolis against a national hotel chain and the second, a...more
Restaurant leasing involves a host of issues not found in any other transaction. Landlord lease forms typically control all aspects of a tenant's operations, while tenants often want complete freedom to change their business...more
Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more
Non-profits, foundations and other tenants may find themselves leasing more space than they need. Buy-outs, termination agreements, assignments, subleases and constructive eviction may be potential solutions to dealing with...more
In a recent published China Real Estate Investment Handbook from Deloitte, we find for the first time its outlook on the Chinese senior housing market. The report analyses the regulatory environment and business models very...more
New restaurant owners can sometime be intimated by the legal process needed to build a new establishment. Here is a general outline of the legal steps required to build and launch a new restaurant....more
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) substantially revised 11 U.S.C. 365 to significantly limit a debtor's time to assume or reject nonresidential real estate leases. Prior to BAPCPA,...more
Originally published in the Colorado Real Estate Journal, July 20, 2011 - August 2, 2011.
Franchising, a versatile business model, is not limited to fast-food restaurants. Colorado is home not only to familiar...more
Judge Kevin Gross of the Delaware bankruptcy court entered an order last week setting the deadline (or bar date) for creditors of the Perkins & Marie Callender's restaurant companies (full list of corporate entity names...more
On Friday, Sbarro, Inc. and its affiliates filed their consolidated monthly operating report for May 2-29, 2011 with the bankruptcy court. The companies filed pre-arranged chapter 11 cases in the Southern District of New York...more
The United States Trustee for Region 12 filed a motion on Tuesday in which it asked the Minnesota bankruptcy court to either dismiss or convert to chapter 7 the bankruptcy cases of Duke and King Acquisition Corp. and four...more
Franchises (especially nationally recognized ones) can be valuable tenants for any project. However, when leasing to a franchisee, a landlord must recognize that these entities require special consideration. This article...more
Production-based tax exemptions have saved Pennsylvania businesses billions of dollars. These exemptions are known by various names, including "manufacturing," "processing," "printing," "mining,"
"R&D," "agriculture" and...more
As financing for real estate projects remains elusive, we take a look at alternatives for franchises in 2011....more
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