Franchise Mergers & Acquisitions

Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.
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Competition News May 2016

Divesture commitments in a merger operation: reminder to maintain the profitability of the transferred business - On April 19, 2016, the French Competition Authority (FCA) once again punished the failure to respect the...more

Having The “Are You Operating an (Illegal) Franchise System Without Knowing It?” Conversation

Franchising laws are very broad in scope and may inadvertently encroach upon standard licensing or distribution agreements. The repercussions for operating an illegal (or more likely inadvertent) franchise system can be very...more

FCPA Compliance and Ethics Report-Episode 245-Michael Bassett from Conference Executive Board Canada [Video]

In this episode I visit with Michael Bassett from Conference Executive Board Canada about the work by CEB to promote better risk management and governance with Board of Directors....more

The Complex World of Joint Employment

Here’s Wikipedia’s definition of joint employment: Joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities....more

Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more

Doing Business in Canada

Forms of Business Organization in Canada - Canadian business laws are well developed. Several different types of business structures are available in Canada. Each features unique advantages and disadvantages. ...more

The Marriott-Starwood merger – Is bigger really better? Impact of the merger on hotel owners, franchisees and developers

The proposed merger between Marriott and Starwood will, by all accounts, create a behemoth in the hotel industry. If the merger goes through as planned, the combined company will be the world’s largest hotel company, with...more

FRANCHISOR 101: Catch-all Disclaimers No Substitute for Untrained Salespeople

How strong are "non-reliance disclaimers" or "integration" or "merger" provisions in franchise agreements at protecting a franchisor when it really matters? Only so much, a New York court recently decided....more

Polsinelli Podcast - Selling Your Business [Video]

When planning for the sale of a business, business owners may not recognize the value of a business’ intangible assets. Or, they may not be familiar with the process of transferring or selling those assets. For certain types...more

Tax Geek Tips You Ought To Know

In any merger or acquisition, parties incur costs beyond payment of the purchase price. Transaction costs can include compensatory payments (option cancellation payments, bonuses, etc.) and professional fees (legal,...more

Private Equity Was Active in Franchising in 2014

In the last year, private equity continued to play an important role in franchising. Private equity offers a franchisor with a growing franchise system a promising pathway to rapid growth. An investment group can assist a...more

“Would You Like Joint-Employer Liability With That?” McDonald’s Serves as a Cautionary Tale for Franchisors and Other Potential...

The National Labor Relations Board Office of the General Counsel has investigated charges alleging McDonald’s franchisees and their franchisor, McDonald’s, USA, LLC, violated the rights of employees as a result of activities...more

Mergers And Acquisitions In Franchising Strategies For 2014 And Beyond

The M&A market is very strong for franchisor and large multi-unit franchisees of scale today – good news for those looking for a sale or growth capital. What key factors drive investor demand? How should investors be thinking...more

Ownership Of Competitive Franchise Systems: Risks And Rewards

Franchise systems have been, and continue to be, sought-after investment and acquisition targets. As a result of this, the demand for ownership of franchise systems often exceeds supply. In fact, there has been almost a...more

FCPA Compliance and Ethics Report-Episode 18-Walmart-Be a Leader in Compliance [Video]

In this episode 18, I discuss the reasons why Wal-Mart should use its current FCPA issues to become a leader in the area of anti-bribery compliance....more

FCPA Compliance and Ethics Report-Episode 15-GSK in China: a Game Changer in Compliance [Video]

In this Episode 15, I am interviewed by Mary Flood about my recent eBook, GSK in China: a Game Changer in Compliance. I believe that this case will be one of the most significant international anti-corruption developments in...more

What Does the Government Shutdown Mean for New York and New Jersey Businesses?

What Does the Government Shutdown Mean for New York and New Jersey Businesses? by Dan Brecher on October 2, 2013 The federal government officially entered a partial shutdown as members of Congress failed to reach an...more

Lessons Learned from the BizJet Executives FCPA Enforcement Actions [Video]

BizJet self-disclosed to the DOJ, engaged in what the DOJ termed “extraordinary cooperation” and remediated the people and conduct in question. Further, DuBois and Uhl not only offered themselves up but actively worked with...more

The CCO: Co-Equal to the General Counsel in the Eyes of the DOJ?

One of the items that the Department of Justice (DOJ) has increasingly focused on in its enforcement actions is the role of the Chief Compliance Officer (CCO) and whether this position has adequate staffing and resources to...more

Race to the Bottom: Wal-Mart’s FCPA Investigation and the Houston Astros

So who do you think had the better day – the Houston Astros Monday or Wal-Mart Tuesday? Yesterday, the Astros announced the signing of Carlos Pena to be their Designated Hitter (DH) for the 2013 season. Pena’s 2012 average –...more

Banks Behaving Badly or Brother Can You Spare A Billion (or Two)?

Remember when a billion dollars was real money? Over the past couple of weeks there have been some mammoth fines paid by financial institutions for conduct, which would appear to fall under the category of “Banks Behaving...more

Days of Future Passed: The Moody Blues and the End of Facilitation Payments?

This past weekend I caught the Moody Blues’ tour celebrating the 45th anniversary of their seminal classic album, “Days of Future Passed”. This was the second album released by the band and while I had always thought of it as...more

A Cornucopia of Great FCPA Articles for Your Friday Consideration

It has been a great couple of weeks for article regarding the Foreign Corrupt Practices Act (FCPA). While I have resisted having a Friday Round Up of all things FCPA compliance related because both the FCPA Professor, on his...more

The Ethical Business Compact-A New Compliance Best Practice?

Found on page 54 of the recently released Department of Justice (DOJ) Guidance on the Foreign Corrupt Practices Act (FCPA) is the following language: “Chapter 8 of the Sentencing Guidelines, which governs the sentencing of...more

The Ethical Business Compact-A New Compliance Best Practice?

Found on page 54 of the recently released Department of Justice (DOJ) Guidance on the Foreign Corrupt Practices Act (FCPA) is the following language: “Chapter 8 of the Sentencing Guidelines, which governs the sentencing of...more

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