Polsinelli Podcast - Is a Single U.S. Food Agency a Reality?
What is the Current State of Anti-Bribery Compliance & Enforcement in Australia?
Polsinelli Podcasts - The Latest on a Shift in Regulation in Dietary Supplements
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
The extent of a franchisee’s territorial rights is the subject of Item 12 of the franchise disclosure document (FDD). One of the questions franchisors must address in Item 12 is whether the territory is exclusive....more
Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claim that requiring the use of payroll debit cards to get paid violates the Pennsylvania Wage Payment and Collection Law (WPCL),...more
Uncertainty will hang over the upcoming bankruptcy auction of RadioShack’s intellectual property, franchise infrastructure, and customer data pending resolution of an ongoing struggle between RadioShack and several states’...more
The Federal Trade Commission (FTC) announced last week that it is settling investigations against American International Mailing, Inc. and TES Franchising LLC alleging that each were misrepresenting to consumers that they...more
TAKE ACTION NOW TO AVOID UNEXPECTED STATE TAX LIABILITIES -
Traditionally, nexus for state income tax liability has required some type of physical presence or continuous contacts by the franchisor/distributor with a...more
On November 25, 2014, the Food and Drug Administration (FDA) released final rules governing menu and vending machine labeling to implement some of the Affordable Care Act's nutrition labeling requirements.
Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more
Various media outlets dubbed 2014 “the Year of the Data Breach.” Unfortunately for businesses, breach of their secure systems by hackers may be only the beginning of the bad news – which often culminates in class action...more
The U.S. Food and Drug Administration (FDA) released its final rules for menu labeling on November 25, 2014. The long-awaited rules stem from provisions in the Affordable Care Act (ACA), the comprehensive health care reform...more
On October 22, coordinated by the Department of Treasury, six federal agencies – the Board of Governors, HUD, FDIC, FHFA, OCC, and SEC – approved a final rule requiring sponsors of securitized transactions, such as...more
Departing from its past practice, the CFPB has announced that it will hold a field hearing in Wilmington, Delaware on November 13 but has not yet disclosed what the hearing will be about. Instead, the announcement says only...more
In Thomas v. Taco Bell Corp., a franchisee association planned a promotion in which text messages were sent to 17,000 people in the Chicago area to promote a local sweepstakes contest. The lower court dismissed the case...more
As foreshadowed by the Coalition Government earlier this year (see our previous update), penalties for breach of the Franchising Code of Conduct (Franchising Code) are to be introduced....more
MARKETING & LABELING LEGISLATION -
In Canada, the federal Competition Act prohibits certain marketing activities, which include:
• Resale price maintenance
• Predatory pricing
• Price discrimination
Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more
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
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
Some franchisees of Aaron’s, Inc., the rent-to-own retailer, leased computers with programs that spied on their customers with the franchisor’s knowledge and assistance.
Aaron’s, Inc. agreed to a consent decree with the...more
Legal Alert – Credit and Debit Card Payment Regulations and Laws
To curb money laundering, corruption and tax evasion, the Nigerian apex regulatory Bank, the Central Bank of Nigeria (“CBN”) has continued...more
In a FranCast issued last year, we reported on a case called Carolyn Anderson v. Domino’s Pizza, Inc., in which a district court dismissed a claim filed under a state version of the federal Telephone Consumer Protection Act...more
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
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
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
To conclude a little bit on some of the most concerned questions from investors in the franchise regulatory environment, I will, in this article, introduce the legal system in China on commercial franchise, what are the...more
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