Barry Kurtz – Lewitt Hackman

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...

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 - 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

Focused On Franchise Law - October 2013

FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and…more

| Antitrust & Trade Regulation, Commercial Law & Contracts, Business...

Beer Distribution Law - September 2013

The beer industry is one of the most highly regulated industries in the United States. Every state oversees the sale and distribution of beer, and the differences among the states' regulatory processes result in a maze that can…more

| Commercial Law & Contracts, Communications & Media Law, Intellectual...

Focused on Franchise Law - September 2013

FRANCHISOR 101: FRANCHISOR NOT LIABLE FOR ACTIONS OF FRANCHISEE'S MANAGERS - Cortland, a former bartender, sued GECP-Sunrise, LLC, a Buffalo Wild Wings franchisee, and its franchisor, Buffalo Wild Wings, Inc., claiming…more

| Civil Rights, Commercial Law & Contracts, Labor & Employment Law,...

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 to…more

| Commercial Law & Contracts, Communications & Media Law, Franchise Law

Focused on Franchise Law - July 2013

FRANCHISOR 101: PROVIDING FINANCIAL PERFORMANCE REPRESENTATIONS TO POTENTIAL FRANCHISEES: Financial performance representations (FPRs) consist of historical earnings data presented by franchisors to potential…more

| Civil Procedure, Commercial Law & Contracts, Franchise Law

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