Franchise Agreements

Focused on Franchise Law - May 2013

by Barry Kurtz on 5/21/2013

FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE - Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more

Reach of New Jersey Franchise Practices Act Continues to Expand

by Thomas Goodwin, Joanne Wilcomes | McCarter & English: Climate Change &... on 5/13/2013

On March 13, 2013, the United States District Court, District of New Jersey, in Strassle v. Bimbo Foods Bakeries Distrib., Inc., No. 12-3313 (Mar. 13, 2013), held that a distribution agreement may be subject to the New Jersey...more

Michigan Court Holds Contract Exclusion Applicable

by Traub Lieberman Straus & Shrewsberry LLP on 4/19/2013

In its recent decision in Certified Restoration Drycleaning Network v. Fed. Ins. Co., 2013 U.S. Dist. LEXIS 54457 (E.D. Mich. Apr. 16, 2013), the United States District Court for the Eastern District of Michigan had occasion...more

Focused on Franchise Law - April 2013

by Barry Kurtz on 4/17/2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Best Practices - April 2013

by Frank Zaid | Osler, Hoskin & Harcourt LLP on 4/12/2013

Keeping Up with Franchise Law in Canada - Osler’s Franchise Group is featured in an “Editorial Gem” in an exciting new book, Great Canadian Franchise Stories, written by Dawn Mucci and Felicia Pizzonia. The title of...more

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

by Osler, Hoskin & Harcourt LLP on 4/11/2013

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Franchising in Ontario - April 2013

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

Franchising in the Courts - April 2013

by Gillian Scott | Osler, Hoskin & Harcourt LLP on 4/8/2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: The Applicability and Limits of the Duty of Good Faith - Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key...more

Proposed Changes to California Franchise Law Would Limit Franchisors’ Termination and Nonrenewal Rights

by Peter Ellis, Diane Green-Kelly, Leonard Hudson | Reed Smith on 3/26/2013

The California Small Business Investment Protection Act, Assembly Bill 1141, was recently proposed and makes several changes to California’s current franchise laws, the Franchise Relations Act and the Franchise Investment...more

Focused on Franchise Law - March 2013

by Barry Kurtz on 3/21/2013

In This Issue: - Barry Kurtz and Bryan Clements: Featured in March 2013 Valley Lawyer - Relocation of Santa Barbara, CA Office - Franchisor 101:Tanning Salon Burn - Non-compete Enforced in Pennsylvania -...more

How to Determine Whether a Franchise is Right for You

by Marvin Brauth | Wilentz, Goldman & Spitzer P.A. on 3/14/2013

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

Legislator Fires Broadside At Franchisors

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/12/2013

California has not one, but two franchise laws. The Franchise Investment Law (“FIL”), Corporations Code Section 31000 et seq., is administered and enforced by the the Commissioner of Corporations. The Franchise Relations Act...more

Virginia Non-Competition Law After Home Paramount

by James V. Irving | Bean, Kinney & Korman, PC on 3/1/2013

The 2011 Virginia Supreme Court decision in Home Paramount Pest Control Companies, Inc. v. Shaffer turned Virginia non-competition law upside down. As I discussed more fully in a prior article, Home Paramount established a...more

Focused on Franchise Law - February 2013

by Barry Kurtz on 2/26/2013

In This Issue: - Franchisor 101: Are Covenants Not-To-Compete Dischargeable In Bankruptcy? - Franchisee 101: Aloha-Distributorships Are Not Franchises - Mark Melton Has Become Of Counsel To The Firm...more

Franchising Update - Febuary, 2013

by Murray Deakin, Chris Nikou, Anna Trist | K&L Gates LLP on 2/13/2013

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

Franchising is Hot, But Not for Everyone: Before Considering - Ask Five Questions about Your Business

by Ted Pearce | Nexsen Pruet, PLLC on 2/12/2013

A new report from IHS Global Insight shows the franchise industry will outpace growth in other business sectors in 2013. The Franchise Business Economic Outlook projects that...more

How To Represent Prospective Franchisees And Franchisors

by Mark Miller | Jackson Walker on 1/12/2013

FRANCHISING PRIMER - I. INTRODUCTION - A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more

The "I'm Too Busy Edition": Non-Compete Case Law Update

by Kenneth Vanko | Clingen Callow & McLean, LLC on 8/13/2012

I swear I try to multi-task. But it's not easy. Running a law firm, being a husband, being a dad (!), tending to a completely out-of-control garden, and actually practicing law sometimes creates the perfect storm where I...more

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