Barry Kurtz – Lewitt Hackman

16633 Ventura Boulevard Eleventh Floor
Encino, California 91436, United States

  • (818) 990-2120
  • (818) 981-4764

Focused on Franchise Law - July 2014

FRANCHISOR 101: Location of Dispute Clauses Will Be Enforced - A recent U.S. Supreme Court decision is having a big impact on the locations where franchisor-franchisee disputes are being resolved…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Franchise Law

Focused on Franchise Law - June 2014

FRANCHISEE 101: Unsigned Franchise Agreement Binds Franchisee's Shareholder - Texas Appeals Court recently held in Pritchett v. Gold's Gym Franchising, LLC that a Texas forum-selection clause in a Franchise Agreement was…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Franchise Law

THE YIN AND YANG OF BEER DISTRIBUTION LAW AND FRANCHISING

Beer Distribution Laws differ from traditional franchise laws that govern restaurant, retail and service businesses in many ways, but they do share some commonalities. As a matter of fact, many states now regulate the…more
| Franchise Law

Focused on Franchise Law - May 2014

FRANCHISOR 101: When is Unreasonable, Reasonable? Crown Imports, LLC (Crown) imports Corona beer from Mexico. In 2008, two of Crown's Southern California distributors, Classic and HBC, agreed that Classic would buy HBC's…more
| Commercial Law & Contracts, Business Torts, Franchise Law

Focused on Franchise - April 2014

FRANCHISEE 101: Terminated Franchisee Can Pursue Fraudulent Disclosure Claims - In Solanki v. 7-Eleven, Inc., a U. S. District Court in New York ruled that a terminated 7-Eleven franchisee who decided to purchase a third…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Business Torts, Franchise Law

Focused on Franchise Law - March 2014

FRANCHISOR 101: Franchisee Not Bound by Arbitration Provision - In March 2013, Edison Subs, LLC, a Subway franchisee/transferee, filed a complaint in New Jersey against Subway and Aliya Patel (the original…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law, Business Torts, Franchise Law

Focused on Franchise Law - February 2014

FRANCHISOR 101: Franchisor Successfully Fends Off Fraud Claims - There are circumstances when a fraud claim will not succeed against a franchisor. In Dunkin' Donuts Franchised Restaurants, LLC v. Claudia I, LLC, a…more
| Commercial Law & Contracts, Franchise Law

Beer Distribution Law as Compared to Traditional Franchise Law

Beer distribution laws differ from traditional franchise laws in many ways, but they do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer into a…more
| Franchise Law

Beer Distribution Law - January 2014

PENNSYLVANIA COURT REFUSES TO REWRITE DISTRIBUTION AGREEMENT - A United States District Court in Pennsylvania, applying Pennsylvania law, recently rejected a distributor's argument that a brewer's refusal to permit the…more
| Commercial Law & Contracts, Business Torts

Focused on Franchise Law - January 2014

FRANCHISOR 101: ITEM 19: MAKE A LIST AND CHECK IT TWICE - Hardware store franchisor, Ace Hardware Corporation, recently prevailed in several fraud claims brought by two former Indiana franchisees in Avon Hardware Co., v…more
| Commercial Law & Contracts, Franchise Law

Beer Distribution Law - December 2013

Large Southern California Distributor Acquired By Reyes - Consolidation continues in the beer distribution business. The number of distributors in the US has dropped by about 1200 since 1980 to around 3200, although the…more
| Commercial Law & Contracts, Franchise Law

Focused on Franchise Law - December 2013

FRANCHISOR 101: LEARNING THE HARD WAY - Franchisors entering into settlement agreements with current or former franchisees must be certain that the agreements give the franchisors the right to make required FDD…more
| Civil Procedure, Commercial Law & Contracts, Franchise Law

Beer Distribution Law - November 2013

GOOD NEWS FOR CRAFT BREWERS - POSTAL REFORM LEGISLATION - On October 30, Senator Charles Schumer (D-NY) launched a plan to lift the prohibition era ban on shipping alcoholic beverages by way of the United State Postal…more
| Commercial Law & Contracts, Constitutional Law, Securities Law

Focused on Franchise Law - November 2013

FRANCHISOR 101: FRANCHISE AGREEMENT LEAVES PRETZEL FRANCHISEE TWISTED - Post-termination non-compete covenants are not always enforceable by franchisors against terminated franchisees-it depends on the state and the…more
| Commercial Law & Contracts, Labor & Employment Law, Franchise Law

Beer Distribution Law - October 2013

MASSACHUSETTS & PENNSYLVANIA MAY EASE TERMINATION BURDEN FOR SMALL BREWERS - Many states are testing the waters regarding carve outs for small brewers, including relief from statutes that bar them from terminating…more
| Commercial Law & Contracts, Taxation
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