News & Analysis as of

Franchise Fees

Cable Operators Reduced Franchise Fee to Municipalities Not Permitted - BB&K Attorneys Win in California Federal Court

by Best Best & Krieger LLP on

For years, California cable operators have reduced the franchise fee paid to local governments by the amount paid to the California Public Service Commission. While a small amount for many communities, the deduction reduced...more

Many California Cities May Not be Receiving Full Cable Franchise Fee

by Best Best & Krieger LLP on

A decision from the U.S. District Court for the Eastern District of California suggests that many California cities are receiving less than the full cable franchise fee to which they are entitled....more

Franchisors: New Accounting Rules Will Significantly Impact Revenue Recognition

by Lewitt Hackman on

An updated rule issued by the Financial Accounting Standards Board (FASB) will change when most franchisors may recognize revenue on their balance sheets from the collection of initial franchise fees....more

FRANCHISOR 101: State Taxes on Franchise Fees

by Lewitt Hackman on

Franchisors collect weekly or monthly "franchise fees." In many cases, fees are for particular services, such as marketing assistance or IT support. In franchising, the parties may be in any number of different states: for...more

Actually, Hotel Franchise Agreements Are Negotiable

There is a widespread assumption that brand franchise agreements are not negotiable. This assumption is so prevalent that many real estate investors will devote substantial effort to negotiating the terms of a hotel purchase...more

FRANCHISEE 101: A Perpetual Franchise

by Lewitt Hackman on

When a franchisee "buys into" a franchise system by paying an "initial franchise fee," the franchisee is typically purchasing the right to use the franchisor's trademarks and business system for an initial term that lasts a...more

FRANCHISOR 101: Outdated FDDs and Unregistered Franchises

by Lewitt Hackman on

The California Department of Business Oversight ("DBO") recently issued three Orders against franchisors for violating California's franchise laws....more

Oregon Supreme Court: Right of Way Fee Can Be Levied on Internet Revenues

by Best Best & Krieger LLP on

Big news yesterday from the Oregon Supreme Court: The City of Eugene, Ore. may lawfully impose a fee on Comcast’s use of rights of way to provide cable modem service/Internet service. Cable operators like Comcast...more

FRANCHISEE 101: "Two Wrongs Don't Make a Right"

by Lewitt Hackman on

At one time or another, many people have occasion to be renters who feel mistreated by a landlord. This may be due to delays in repairs, responses, or just turning on the heat. A typical reaction is the temptation to...more

FRANCHISEE 101: Hawaiian Distributor May Be a Franchisee

by Lewitt Hackman on

A long-standing distributor and licensee of Harley-Davidson motorcycles in Hawaii was entitled to proceed on its claim that the business relationship with Harley-Davidson Motor Company, Inc. was a "franchise" under Hawaii's...more

FCC Proposal for Internet Video Programming Could Threaten Cable Franchise Fees

by Best Best & Krieger LLP on

The Federal Communications Commission, in a Notice of Proposed Rulemaking released this month, requested public input about whether it should classify certain Internet-based video programmers as “multichannel video...more

Focused on Franchise Law - January 2013

by Lewitt Hackman on

In This Issue: - Mark Melton Has Become Of Counsel To The Firm - Franchisor 101: Personal Liability In New York For A Franchisor's Owners - Franchisee 101: Beer & Wine Franchisees Enjoy Protection From...more

Focused on Franchise Law - December 2012

by Lewitt Hackman on

In This Issue: - Franchisor 101: FTC Updates Definition of "Exclusive Territory" - Franchisee 101: No Franchise If You Don't Pay A Fee - Barry Kurtz Honored As 2013 Super Lawyer ...more

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