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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

Franchise & Distribution News - June 2014

In This Issue: - NEW FRANCHISE LEGISLATION IN CANADA: British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation when the British...more

Doing Business in Canada: Language Requirements

FEDERAL LAWS - English and French are the official languages of Canada. The Constitution of Canada and the Official Languages Act guarantee that English and French have equality status and equal rights and privileges...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Rainbow International Seeks Restoration Of Exclusive Use Of Its Marks

On April 9, 2014, Rainbow International LLC ("Rainbow International"), of Waco, Texas, filed a complaint in the Middle District of Georgia against Brian Whitley, Patricia Whitley, and Quick Whits, Inc. d/b/a "Rainbow...more

Taking The Leap: Bringing A Foreign Brand To The United States

Increasingly, franchise concepts that begin in one country soon find that expansion involves not only domestic growth, but also development in other jurisdictions including the United States. Over the past decade, advances in...more

A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Merger

A proposed transfer of control of a cable television operator or a transfer of a cable television A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Mergerfranchise presents the franchising authority with a...more

Focused on Franchise Law - August 2013

FRANCHISOR 101: CALIFORNIA REQUIREMENTS ON NEGOTIATED TERMS MAY CHANGE - The California Franchise Investment Law and the California Code of Regulations currently require franchisors registered in California to disclose...more

How to Determine Whether a Franchise is Right for You

Franchising in the United States is a more than $1 trillion per year business. Over 450,000 franchised businesses are in operation in the country and employ about 15 million people. Thousands of franchisors in about 75...more

Best Practices in Drafting Corporate Shareholder Agreements

Corporate shareholder agreements are vital for many companies with more than one shareholder, especially non-public companies with a limited number of persons owning shares. The shareholder agreement typically details the...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Increase In Wage and Hour Lawsuits

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

Economic Forecast For Slow Growth

Two major conclusions are found in a recent survey of economists by the Wall Street Journal: 1. Slow growth over the coming year 2. A recession is unlikely As reported by the Los Angeles Times, the survey of 48...more

Use Your Phone To Pay For Products And Services

Businesses trying to stay ahead of the curve, and jumping on any possible competitive advantage, may now be looking towards the revolution in the payment process. Cash was once (maybe still is) king. Barter has been around...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

Responding To A Corporate Crisis

A corporate crisis can arise without warning and from many causes. A journalist writes a story about exploited workers at a foreign factory where the company manufactures product. The CEO is charged with sexual...more

Corporate Sustainability and Social Entrepreneurship: Part Four

Fourth in a Series of Articles We began this series of articles by asking tough questions: Do corporations exist solely to maximize shareholder value and profit? Or do corporations also exist to serve a broader...more

Corporate Sustainability and Social Entrepreneurship Part Two

As a purely legal matter, corporate sustainability and social entrepreneurship require that we begin by asking the following question: Does the law of corporate governance permit social good as a primary focus and aim of...more

Lawsuit Against Airline Over Misleading Fees

Companies often charge additional fees that increase the final cost of a product or service. In some industries, such as telecommunications and airlines, fees imposed by the government may be passed on to consumers. In...more

Corporate Sustainability and Social Entrepreneurship: Part Four

Fourth in a Series of Articles We began this series of articles by asking tough questions: Do corporations exist solely to maximize shareholder value and profit? Or do corporations also exist to serve a broader...more

Does a Franchisor have an Obligation to Maintain Brand Strength?

Bertico Inc. et al v. Dunkin’ Brands Canada Ltd. (Allied Domecq Retailing International (Canada) Ltd.) In an unprecedented decision released on June 21, 2012, the Quebec Superior Court held that the Dunkin’ Donuts...more

Franchise Review - May 2012: Franchising in Quebec

When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more

Focus on Franchise Law - November 2011

In This Issue: 1 OLF Targets the Use of English on Commercial Signage in Quebec 2 Contact Us Excerpt From OLF Targets the Use of English on Commercial Signage in Quebec This week the Office québécois de la...more

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